Bombay High Court

MAMTA SHRI PRAKASH TIWARIversusTHE STATE OF MAHARASHTRA AND ORS

Decided: 17 June 2026
Disposal: Dissmiss For Default/Non-Prosecution
Bench: SARANG VIJAYKUMAR KOTWAL ASHISH SAHADEV CHAVAN

Holding

The writ petition is dismissed for non‑prosecution.

Summary

The petitioner, Mamta Shri Prakash Tiwari, filed a writ petition challenging the investigation in criminal case No. 731 of 2017 registered at Wakad Police Station. The petitioner alleged that her daughter did not support the allegations in the FIR. The learned Additional Public Prosecutor informed the court that the investigation had resulted in a C‑Summary Report and that the matter remained pending since 2018 with no prosecution. The petitioner and her counsel made no effort to have the matter listed before the court. On the basis of the prosecutor’s statement and the absence of any prosecution, the Court dismissed the writ petition for non‑prosecution.

Issues considered

Whether the writ petition can be entertained when the criminal investigation has resulted in a C‑Summary Report and no prosecution has been instituted

Subjects

writ petition
non‑prosecution
criminal investigation
C‑Summary Report
dismissal

Judgment

                                                          34-WP-2228-2018.doc

            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 CRIMINAL APPELLATE JURISDICTION

               WRIT PETITION NO. 2228 OF 2018
Mamta Shri Prakash Tiwari             … Petitioner
            Versus
State of Maharashtra and Ors.                   … Respondents
                           --------------------
None for the Petitioner.

Ms. Kranti Hiwrale, for the Respondent-State.
                             --------------------
                            CORAM : SARANG V. KOTWAL &
                                                ASHISH S. CHAVAN, JJ.

                                  DATE    :   17th JUNE, 2026.
P.C. :

1.        Learned A.P.P. on instructions states that the investigation in

C.R. No.731 of 2017 registered at Wakad Police Station which is the

subject matter of this Petition has resulted in filing of C-Summary

Report. Petitioner’s daughter had not supported the allegations in the

F.I.R. This matter is pending since 2018. Neither the Petitioner nor

the learned Counsel for the Petitioner has taken efforts to get the

matter listed before the Court. In view of the statement made by the

learned A.P.P. and for want of non-prosecution, the Writ Petition is


Manisha                                                                  1/2
                                                 34-WP-2228-2018.doc

dismissed. Writ Petition No. 2228 of 2018 is dismissed for non-

prosecution.




(ASHISH S. CHAVAN, J.)                (SARANG V. KOTWAL, J.)




Manisha                                                         2/2

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