Bombay High Court
AYUB USMANGANI PATWEKAR AND ORSversusTHE STATE OF MAHARASHTRA AND ANR
- Decided
- Disposal
- Disposed Off
- Bench
- ASHWIN D BHOBE
Holding
The writ petition is dismissed for non‑prosecution due to the petitioners' failure to appear.
Summary
The petitioners filed a writ petition seeking quashing of criminal proceedings (R.C.C. No. 753 of 2013) pending before the trial court. The trial court had previously listed the case on 23 July 2021, but the petitioners failed to appear, resulting in non‑framing of charge. On 20 January 2026 the High Court noted the petitioners and their counsel were absent and adjourned the matter for dismissal. When the matter was called again on 23 January 2026, the petitioners and their counsel again failed to appear. The Court, relying on the earlier order and the continued non‑appearance, dismissed the writ petition for non‑prosecution.
Issues considered
- Whether the writ petition seeking quashing of the criminal proceedings should be entertained despite the petitioners' non‑appearance before the trial court and the High Court.
Subjects
- criminal procedure
- quash petition
- non‑appearance
- dismissal for non‑prosecution
- writ petition
Judgment
Gitalaxmi 902-WP-35-2014.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO. 35 OF 2014
Shri. Ayub Usmangani Patwekar And Ors. ...Petitioners
Versus
The State of Maharashtra And Anr. ...Respondents
__________
None present for the Petitioners.
Mr. Kiran C. Shinde, learned A.P.P. for the State/Respondent.
__________
CORAM : ASHWIN D. BHOBE, J.
DATE : 23rd JANUARY 2026.
P.C. :
1. On 20.01.2026, the following order was made by this
Court :-
“1. This Petition is listed today under the caption
“Prioritised Cases”.
2. By the present Petition, the Petitioners have sought for
quashing of the criminal proceedings bearing R.C.C. No. 753
of 2013 pending before the learned Trial Court.
3. When this matter was called out at 12:19 p.m., neither
the Petitioners nor the Advocate for the Petitioners are present
in the Court, either physically or through Video Conferencing
mode.
4. Mr. Prasanna Malshe, learned A.P.P. for the
State/Respondent on instructions states that the matter before
the Trial Court was listed on 23.07.2021. He submits that the
Accused (Petitioners) had not appeared before the Trial Court
on 23.07.2021 and since then they failed to remain present
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Gitalaxmi 902-WP-35-2014.doc
before the Trial Court, which resulted in non-framing of
charge. He submits that charge is not framed for the reasons
attributable to the Petitioners in the said crime.
5. In view of the absence of the Petitioners and/or their
Advocate, this matter is adjourned on 23rd January 2026
under the caption “For Dismissal.”
2. When this matter was called out today, names of the
Petitioners as well as name of their Advocate shown on the file (i.e.
Mr. Dayanand Chandrakant Awari) were called by the Sheristedar
in the open Court. None appeared when the matter was called out,
either physically or through Video Conferencing mode.
3. In view of the order dated 20.01.2026 and absence of the
Petitioners as also the Advocate for the Petitioners today, Criminal
Writ Petition No. 35 of 2014 is dismissed for non-prosecution.
[ASHWIN D. BHOBE, J.]
Digitally signed
by GITALAXMI
GITALAXMI KRISHNA
KRISHNA KOTAWADEKAR
KOTAWADEKAR Date:
2026.01.29
15:12:11 +0530
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