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Bombay High Court

SANJAY (SANJU) BHEKHO YADAV AND ANRversusTHE STATE OF MAHARASHTRA AND ANR

Decided
Disposal
Disposed Off

Holding

The application is dismissed for non‑prosecution due to the applicants' failure to appear.

Summary

The applicants, Sanjay (Sanju) Bhekho Yadav and another, filed a criminal application seeking to quash FIR No.301 of 2016 registered at Kandivali Police Station for offences under Sections 408 and 34 of the Indian Penal Code. The charge‑sheet was filed on 12 June 2017, showing the applicant as absconding. The applicants and their counsel failed to appear before the Court on multiple dates despite adjournments. The State’s Assistant Public Prosecutor argued that the applicants were abusing the process of law and should not be indulged. Relying on the applicants’ non‑appearance and alleged absconding, the Court dismissed the application for non‑prosecution. The dismissal effectively leaves the FIR and its proceedings intact.

Issues considered

  • Whether a criminal application to quash an FIR can be entertained when the applicants are absent and alleged to be absconding

Legislation cited

Subjects

  • quash FIR
  • non‑appearance
  • default judgment
  • criminal procedure
  • Section 408 IPC
  • Section 34 IPC
  • absconding litigant

Judgment

                                                                                                  1-APL-357-2018.doc


           Digitally signed
           by GAYATRI
GAYATRI  RAJENDRA
         SHIMPI
RAJENDRA Date:
                                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SHIMPI   2026.01.12
           21:04:51
           +0530

                                                   CRIMINAL APPELLATE JURISDICTION

                                                CRIMINAL APPLICATION NO. 357 OF 2018

                              Sanjay (Sanju) Bhekho Yadav & Anr.                        ... Applicants
                                   Vs.
                              The State of Maharashtra & Anr.                           ... Respondents
                                                           ****

                              None present for the Applicants.
                              Mr. Sukanta Karmakar, APP for Respondent – State.
                              Mr. D. P. Mane – PSI, Kasturaba Marg Police Station.
                                                             ****

                                                                    CORAM :      ASHWIN D. BHOBE, J.
                                                                     DATE :      8th JANUARY, 2026

                              P.C. :

                              1.           By the present Application, Applicants have sought the

                              following substantive relief:-

                                               “a)      this Hon’ble Court may be pleased to quash and
                                               set aside the FIR No.301 of 2016, registered with
                                               Kandivali Police Station, for the offences u/s 408,34 of
                                               Indian Penal Code and its consequential proceedings on
                                               such terms and conditions as this Hon’ble Court may deem
                                               fit and proper in the circumstances of the present case;”



                              2.           On 5th January, 2026, the following order was made :-

                                               “1.    This matter was called out at 11.30 a.m. Neither
                                               the Applicants nor the Advocate for the Applicants
                                               appeared either physically in court or through V.C. Mode.
                                               In order to afford an opportunity to the


                              Gayatri Shimpi                                1
                                                                    1-APL-357-2018.doc



                 Applicants/learned Advocate for the Applicants to appear
                 before this Court, this matter was kept post lunch.

                 2.      This matter was again called out at 3.07 p.m..
                 Again neither the Applicants nor the Advocate for the
                 Applicants are present in the court either physically or
                 through V.C. Mode.

                 3.      Mr. Sukanta Karmarkar, learned APP for the State
                 submits that charge-sheet in FIR No. 301 of 2016 has
                 been filed on 12th June, 2017. He submits that the
                 Applicant Sanjay(Sanju) Yadav is shown as absconding.
                 He submits that though the charge-sheet has been filed on
                 12th June, 2017, the Applicants have neither questioned
                 nor challenged the said charge-sheet in the present
                 Application.

                 4.      As and by way of last indulgence, this Criminal
                 Application No. 357 of 2018 is adjourned to 8 th January,
                 2026 for dismissal.”




3.           Today, this matter was called out at 11.24 a.m. Neither

the Applicants nor the Advocate for the Applicants were present

either physically or through V.C. mode, as such, the matter was

kept back. Matter was called out at 1.00 p.m. again neither the

Applicants nor the Advocate for the Applicants were present either

physically or through V. C. mode.



4.           Mr. Sukanta Karmakar, learned APP for Respondents, on

instructions from his officer, reiterates that the Applicants are



Gayatri Shimpi                                2
                                                           1-APL-357-2018.doc



absconding and therefore no indulgence be shown to such a

litigant who is abusing the process of law. He submits that the

conduct of the Applicants of not remaining present before this

Court and/or not being represented by an Advocate warrants

dismissal of the present Petition for non-prosecution.



5.           Considering the request of Mr. Sukanta Karmakar, learned

APP and the absence of the Applicants / their Advocate before this

Court on 5th January, 2026 and today, this Court has no other

option but to dismiss the present Application for non-prosecution.



6.           Criminal Application No. 357 of 2018 is dismissed.



                                              (ASHWIN D. BHOBE, J.)




Gayatri Shimpi                          3


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