Bombay High Court
RAHUL EKNATH ANDHALE AND ORS.versusSTATE OF MAHARASHTRA AND ANR.
- Disposal
- Dismissed
- Bench
- SANDESH D PATIL
Holding
The application seeking quashing of the FIR is dismissed for default.
Summary
The applicants, Rahul Eknath Andhale and others, filed a criminal application seeking the quashing of an FIR. No appearance was made by the applicants at any stage since the filing in 2022. The court noted the complete lack of participation by the applicants. Consequently, the application was dismissed for default. The judgment clarified that this dismissal does not bar the applicants from filing a fresh proceeding to quash the charge‑sheet, if one is filed, or any related proceedings.
Issues considered
- Whether an application seeking quashing of an FIR can be dismissed for default due to non‑appearance of the applicants.
Subjects
- quashing of FIR
- default dismissal
- criminal application
- procedural default
- High Court of Bombay
Judgment
929-APL-733-2022.doc
Digitally signed
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
by HARISH
HARISH
VITHAL
VITHAL
CHAUDHARI
CIRCUIT BENCH AT KOLHAPUR
CHAUDHARI Date:
2026.08.04
12:22:21 +0530
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION (APL) NO. 733 OF 2022
Rahul Eknath Andhale And Ors. ...Applicants
Versus
State Of Maharashtra And Anr. ...Respondents
…..
None for the Applicants.
Shri. Nitin Patil APP for Respondent No. 1-State.
…..
CORAM : SANDESH D. PATIL, J.
DATED : 31st JULY, 2026.
P. C. :
1. The present Application has been filed seeking quashing of the FIR.
2. The Petition has not been moved even on a single occasion since the
year 2022. Even today, none appears for the Applicants.
3. Accordingly, the Criminal Application is DISMISSED for default.
4. It is made clear that this dismissal shall not preclude the Applicants
from filing a proceeding seeking quashing of the charge-sheet, if filed, and
any consequential proceedings arising therefrom.
(SANDESH D. PATIL, J.)
Harish 1
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