Bombay High Court

IQBAL AHMED ABDUL RAZAKversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF

Holding

Petition No. 229 was dismissed as infructuous due to refusal of sanction, and Petition No. 1132 was transferred to a Single Judge for consideration of the quash application.

Summary

The Court considered two criminal writ petitions filed in 2020. In Petition No. 229, the petitioner sought a time‑bound decision on the sanction proposal for prosecuting respondent No.3, Bhagwan Suryawanshi, in Criminal Case No. 856 of 2009. The Assistant Public Prosecutor produced communications showing that the sanction had been refused in December 2021 and again on 7 March 2022. Since the sanction was denied, the Court held the petition to be infructuous and disposed of it. In Petition No. 1132, the petitioner prayed for the quashing of FIR No. 20 of 2009 and the related criminal proceedings (RCC No. 856/2009). The Court noted that such a matter should be dealt with by a Single Judge and therefore removed the petition from the board for further consideration. No substantive merits on the quash petition were decided at this stage.

Issues considered

Whether the sanction for prosecution against Bhagwan Suryawanshi should be granted in Criminal Case No. 856 of 2009.
Whether FIR No. 20 of 2009 and the ensuing criminal proceedings can be quashed.

Subjects

sanction for prosecution
quash FIR
criminal writ petition
infructuous petition
transfer to Single Judge

Judgment

                                  (1)
                                   914- Cri. W P. 229-2020 & 1132-2020.odt
         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    BENCH AT AURANGABAD

            CRIMINAL WRIT PETITION NO. 229 OF 2020

                     IQBAL AHMED ABDUL RAZAK
                                VERSUS
              THE STATE OF MAHARASHTRA AND OTHERS
                                    …..
Advocate for the Petitioner : Mr. M. R. Wagh
APP for Respondent/State: Mr. A. S. Shinde
Advocate for Respondent No.3 : Mr. M. G. Kochar h/f B.R. Waramaa
                                 ....
                         WITH
        CRIMINAL WRIT PETITION NO. 1132 OF 2020
Advocate for the Petitioner : Mr. M. G. Kochar h/f Mr. M.C. Jain
A.P.P. for Respondent/State : Mr. A.. S. Shinde
Advocate for Respondent No.2 : Mr. M. R. Wagh
                                ....

                  CORAM :      SANDIPKUMAR C. MORE, &
                               VAISHALI PATIL-JADHAV, J.J.

                  DATED :       SEPTEMBER 29, 2026

ORDER IN CRI. W. P. No. 229 of 2020

1.    Heard.

2.    Though the direction is sought in this petition for deciding the

sanction proposal sent by the Investigating Officer in Regular Criminal

Case No. 856 of 2009 against respondent No.3 i.e. accused Bhagwan

Suryawanshi in time bound schedule, but the learned A.P.P. placed on

record communication dated 7th March 2022 along with the earlier

communication of December 2021 mentioning that sanction for

prosecution against the present respondent No.3 accused Bhagwan

Suryawanshi is refused. The same is taken on record and marked as
                                       (2)
                                        914- Cri. W P. 229-2020 & 1132-2020.odt
‘X’ collectively for identification.



3.     Since the sanction against respondent No.3 is refused by the

concerned     authority,    the    petition    has    become     infructuous.

Accordingly, it stands disposed of.

ORDER IN CRI. W. P. . 1132 of 2020

4.     Since the prayers in this petition is in respect of quashing of FIR

No. 20 of 2009 registered with Azad Nagar Police Station, Dhule,

along with the criminal proceeding arising out of it, bearing RCC No.

856/2009, the matter would lie before the learned Single Judge of

this Court.

5.     Hence, remove from board.



(VAISHALI PATIL-JADHAV)                 (SANDIPKUMAR C. MORE)
      JUDGE                                     JUDGE

YSK/

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