Bombay High Court
AMIT PANDURANG DESAIversusTHE STATE OF MAHARASHTRA AND ORS.
- Disposal
- Disposed Off
Holding
The petition is dismissed for lack of substance due to the prolonged inaction and failure to list the matter.
Summary
The petitioner filed a criminal writ petition in 2018 seeking the court to take cognizance of an incident for which an FIR had already been registered, requesting the registration of a counter FIR. The petition was never listed or circulated before the court for a period of eight years. The court observed that no steps had been taken to advance the matter and that the nature of the prayer required prompt action. Given the inordinate delay and the lack of any substantive filing, the court held that the petition lacked any operative substance. Consequently, the petition was dismissed and the matter was disposed of without any further orders.
Issues considered
- What is the appropriate course of action when a criminal writ petition remains unlisted for an extended period?
- Can a court entertain a petition seeking cognizance of an FIR after a prolonged delay without any procedural steps taken?
Subjects
- criminal writ petition
- delay
- cognizance of FIR
- counter FIR
- procedural lapse
- court disposal
Judgment
15-WP-4119-2018 (CR).docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CR. WRIT PETITION NO. 4119 OF 2018
Amit Pandurang Desai … Petitioner
Versus
The State Of Maharashtra And Ors. … Respondents
——————
None for the Petitioner.
Mr. Avinash A. Naik, A.P.P. for the Respondent-State.
Officer : API Mr. Kedar Waichal, Ratnagiri City Police Station, present.
——————
Coram : MRS. VRUSHALI V. JOSHI &
RANJITSINHA RAJA BHONSALE, JJ.
Date : 18th March 2026.
P. C. :
1. The Petition is of the year 2018. It was neither listed nor circulated
even once. The prayer is for taking cognizance of some instance in which the
F.I.R. is already registered for registration of counter F.I.R..
2. Considering the nature of the prayer, and as no steps have been taken
since the year 2018 to have the matter listed before the Court, the Petition
lacks substance.
3. The Petition therefore stands disposed of.
[ RANJITSINHA RAJA BHONSALE, J. ] [ MRS. VRUSHALI V. JOSHI, J. ]
Digitally signed
by OMKAR
SHIVAHAR
OMKAR KUMBHAKARN
SHIVAHAR
KUMBHAKARN Date:
2026.03.25
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