Bombay High Court

ASHIT BALWANT DOSHIversusSTATE OF MAHARASHTRA AND ANR

Decided: 8 January 2026
Disposal: Disposed Off
Bench: RANJITSINHA RAJA BHONSALE

Holding

The petition for quashing the FIR was dismissed because the LOC had been withdrawn, rendering the relief sought unnecessary.

Summary

Ashit Balwant Doshi filed a criminal writ petition seeking the quashing of FIR No. 41 of 2024 registered under Sections 406, 409, 420, 34 of the IPC and Sections 3, 4, 5, 8, 13 of the Maharashtra Ownership Flats Act. The State, through its APP, produced a communication dated 26 December 2025 indicating that the Letter of Closure (LOC) related to the FIR had been withdrawn/deleted. The Court held that with the LOC withdrawn, there was no basis to continue the petition. Consequently, the petition was disposed of, and the related interim applications were also dismissed as they no longer survived. The order effectively dismissed the petition without addressing the merits of the FIR.

Issues considered

What is the appropriate judicial remedy when a Letter of Closure pertaining to an FIR is withdrawn?
Whether the petition for quashing the FIR stands when the LOC has been deleted?

Legislation cited

Indian Penal Code, 1860 — s. 34, 406, 409, 420
Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 — s. 13, 3, 4, 5, 8

Subjects

quash FIR
Letter of Closure
criminal procedure
Economic Offences Wing
IPC
Maharashtra Ownership Flats Act
petition disposal

Judgment

SPG                                                     34-WP-3933-2025.doc

           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  CRIMINAL APPELLATE JURISDICTION
              CRIMINAL WRIT PETITION NO. 3933 OF 2025
                              WITH
               INTERIM APPLICATION NO. 3293 OF 2025
                              WITH
           INTERIM APPLICATION (STAMP) NO. 15325 OF 2025

Ashit Balwant Doshi                                      … Petitioner
        Vs.
The State of Maharashtra & Anr.                          ... Respondents

                      _______________________________

Mr. Waqar Nasir Pathan for the Petitioner.
Mr. V. A. Kulkarni, APP for the Respondent-State.
Mr. Sharan Jagtiani a/w Mr. Mutahar Khan for the Respondent No.2.
Ms. M. B. Patel, WAPI, Unit-2, Hsg-2 EOW, Mumbai is present.
                     _______________________________


                  CORAM        : RANJITSINHA RAJA BHONSALE , J.
                  DATED        : 8th JANUARY, 2026.

P. C. :-

1)          By the present Petition, the Petitioner is seeking quashing of

the FIR No. 41 of 2024 registered with Economic Offences Wing, Mumbai,

Housing Unit-II under Sections 406, 409, 420, 34 of the Indian Penal Code

read with 3, 4, 5, 8 and 13 of the Maharashtra Ownership Flats

(Regulation of the Promotion of Construction, Sale, Management and

Transfer Act, 1963.

2)          Learned APP on instructions of WAPI, Ms. M. B. Patel attached

to Economic Offences Wing, Housing Unit-II, Mumbai submits that, the

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SPG                                                    34-WP-3933-2025.doc

LOC which is subject matter of the present Petition and which was issued

against the Petitioner has been withdrawn/ deleted. Learned APP has

placed on record, the communication dated 26 th December 2025. In view

thereof, the prayers in the Petition have been worked out and the Petition

is disposed of accordingly.

3)           In view of disposal of Petition, Interim Application No. 3293

of 2025 and Interim Application (Stamp) No. 15325 of 2025 do not

survive and stand disposed of accordingly.




                                     (RANJITSINHA RAJA BHONSALE, J.)




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