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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
                              osk                                   1 of 1
           14:51:13
           +0530


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