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Bombay High Court

AYUB USMANGANI PATWEKAR AND ORSversusTHE STATE OF MAHARASHTRA AND ANR

Decided
Disposal
Disposed Off

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
                                              Page 1 of 2
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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