Bombay High Court

BALKRISHNA LAXMAN BHUVADversusSTATE OF MAHARASHTRA AND ANR.

Disposal: Dismissed
Bench: SANDESH D PATIL

Holding

The petition is dismissed for non‑prosecution.

Summary

The petitioner, Balkrishna Laxman Bhuvad, filed a criminal writ petition seeking the quashing of a chargesheet filed under FIR No.33 of 2018. The petition alleged that the chargesheet had never been circulated and that the petitioner had not been given an opportunity to appear. The High Court observed that the matter was never circulated and no appearance was made when the case was called. Consequently, the Court dismissed the writ petition on the ground of non‑prosecution. The Court further noted that the petitioner remains free to file a fresh petition challenging the chargesheet or the taking of cognizance, if he wishes.

Issues considered

What is the appropriate remedy for a petitioner seeking to quash a chargesheet that has not been circulated?
Can a criminal writ petition be dismissed on the ground of non‑prosecution?

Subjects

quash
chargesheet
non-prosecution
criminal writ petition
High Court

Judgment

                                                           941-WP-3304-2022 (CR).doc




            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIRCUIT BENCH AT KOLHAPUR
                   CRIMINAL APPELLATE JURISDICTION

            CRIMINAL WRIT PETITION NO. 3304 OF 2022
Balkrishna Laxman Bhuvad                …...Petitioner
      VS.
State Of Maharashtra & Anr.             …...Respondents
                              ...
None for the Petitioner.

Mr. Shriram Chaudhari, A.P.P., for the Respondent-State.
                                     ...

                                         CORAM: SANDESH D. PATIL, J.
                                         DATED: 31st JULY 2026.
P. C. :

1.        The present Petition is filed for quashing of chargesheet filed in

F.I.R. No.33 of 2018 dated 19th February, 2018. This matter was never

circulated even once. Today also none appears for the Petitioner when

matter was called for. Hence, Writ Petition No.3304 of 2022 is dismissed

for non-prosecution.



2.        Needless to say that, the Petitioner is at liberty to file fresh

Petition challenging the chargesheet and cognizance taken, if any.




                                                   (SANDESH D. PATIL, J.)


Manisha                              1

              Digitally signed
           by MANISHA
MANISHA    BALKRISHNA
BALKRISHNA TALEKAR
TALEKAR    Date: 2026.08.04
              10:54:20 +0530

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