Bombay High Court

FIROJ ISMAIL SHAIKH AND OTHERSversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal: DISPOSED OFF
Bench: S G CHAPALGAONKAR

Holding

The application for quashment of the FIR was dismissed as the trial was already substantially progressed.

Summary

The petitioners, Firoj Ismail Shaikh and others, filed a criminal application seeking the quashment of the FIR and related proceedings against the State of Maharashtra. The High Court noted that the trial in Sessions Case No. 212 of 2022 was substantially progressed, with four of five witnesses already examined and the final witness scheduled for 17 February 2026. In view of this significant advancement in the trial, the Court held that it would be inappropriate to entertain a request to quash the FIR at this stage. Consequently, the application was disposed of without any order on the merits. Additionally, the Court appointed Ms. Neha Udavant as counsel for Respondent No.2 and directed payment of her fees by the High Court Legal Services Sub‑Committee.

Issues considered

Whether an application for quashment of an FIR can be entertained when the trial is substantially progressed

Subjects

quashment of FIR
criminal application
trial progression
high court discretion
appointment of counsel

Judgment

2026:BHC-AUG:5298-DB


                                                 1                      cran 354.25.odt

                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                           923 CRIMINAL APPLICATION NO. 354 OF 2025

                                   Firoj Ismail Shaikh And Others
                                               VERSUS
                              The State Of Maharashtra And Another
                                                  ...
                   Advocate for Applicant : Mr. Savant Vilas P
                   APP for Respondent 1: Mr. K.B. Jadhavar
                   Advocate for Respondent no.2 : Mr. M.P Gandle
                   Ms. Neha Udavant advocate for respondent no.2-Appointed
                                                  ...

                                       CORAM : S. G. CHAPALGAONKAR, J.
                                      Dated      : February 06, 2026

                   PER COURT :-

                   1.    Learned counsel appearing for respondent no.2 informs

                   that the Trial in Sessions Case No.212 of 2022 before the

                   Sessions Judge, at Beed is substantially progressed and out of

                   five witnesses, four witness have already been examined and

                   matter is posted on 17.2.2026 for examination of last witness.


                   2.    In light of substantial development in trial, this Court do

                   not think it appropriate to consider and decide present

                   application, which seeks quashment of the FIR and further

                   proceedings.


                   3.    In that view of the matter, criminal application stands

                   disposed off.
                            2                      cran 354.25.odt

4.    Advocate Ms. Neha Udavant is appointed to represent

cause of respondent no.2.   The Secretary, High Court Legal

Services Sub-Committee, Aurangabad Bench do pay the fees of

appointed counsel for respondent no.2 as per Schedule.



                                ( S. G. CHAPALGAONKAR, J. )
                                …
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