Bombay High Court
ANAND GANGARAM SAWANT AND ORSversusSTATE OF MAHARASHTRA AND ANR
- Disposal
- Disposed Off
Holding
The petition seeking quash of the criminal proceedings was dismissed.
Summary
The petitioners filed a criminal writ petition seeking to quash criminal proceedings (R.C.C. No.74 of 2023) pending before a Judicial Magistrate for offences under Sections 420, 465, 467, 471, 472 and 34 of the Indian Penal Code. The learned Assistant Public Prosecutor argued that the matter was still before the trial court for framing of charge and that the petitioners could seek discharge there, urging dismissal of the writ. The court noted that the petitioners had not taken any steps since 2024 and appeared uninterested in pursuing the petition. Relying on the prosecutor’s submission, the court found no merit in continuing the writ. Consequently, the petition was disposed of without any order to quash the criminal proceedings.
Issues considered
- Whether a criminal writ petition seeking quash of pending criminal proceedings is maintainable when petitioners have not acted to pursue the remedy.
Legislation cited
- Indian Penal Code, 1860 — s. 34, 420, 465, 467, 471, 472
Subjects
- criminal procedure
- writ petition
- quash petition
- pending criminal proceedings
- non-appearance
- discharge
Judgment
45-WP-1630-2024 (CR).odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 1630 OF 2024
Anand Gangaram Sawant and others ] Petitioners
versus
State of Maharashtra and another ] Respondents
…..
None for the Petitioners.
Mr. Anand S. Shalgaonkar, A.P.P, for Respondent No.1 – State.
Digitally
signed by …..
SHAILAJA
SHAILAJA SHRIKANT
SHRIKANT HALKUDE
HALKUDE Date:
2026.09.11 CORAM : ABHAY J. MANTRI, J.
10:49:42
+0530 DATE : SEPTEMBER 10, 2026
PER COURT :
1. Despite service of notice, none appears for the Petitioners as
well as Respondent No. 2.
3. The Petitioners have preferred the present Petition seeking
quashing and setting aside of the criminal proceedings bearing R.C.C. No.74
of 2023, pending before the learned Judicial Magistrate First Class,
Sawantwadi, for the offences punishable under Sections 420, 465, 467, 471
and 472 read with Section 34 of the Indian Penal Code.
4. The learned A.P.P. submitted that the matter is pending before
the learned Trial Court for framing of charge and that the Petitioners can
apply before the learned Trial Court for their discharge from the said
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45-WP-1630-2024 (CR).odt
proceedings, if they want. He, therefore, urged that the Petition be disposed
of.
5. Having considered the submissions of the learned A.P.P. and the
fact that the Petitioners have not taken any steps in the matter since 2024, it
seems that the Petitioners are not interested in prosecuting the Petition. As
such, I find substance in the submissions of the learned A.P.P.
6. In view of the above, the Petition is disposed of.
(ABHAY J. MANTRI, J.)
Shailaja Page 2 of 2
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