Bombay High Court
ANIS ASHRAF SHEIKHversusTHE STATE OF MAHARASHTRA
- Disposal
- Dismissed
- Bench
- SANDESH D PATIL
Holding
The writ petition is dismissed for default due to the petitioner's non‑appearance.
Summary
Anis Ashraf Sheikh filed a criminal writ petition seeking the quashing of an FIR. The petitioner failed to appear before the court despite multiple adjournments. The court noted that no interim relief had been obtained since April 2021. Consequently, the petition was dismissed for default. The court indicated that if a charge-sheet is filed, the petitioner may file a fresh petition challenging it, subject to legal requirements.
Issues considered
- What is the appropriate procedural consequence when a petitioner fails to appear for a criminal writ petition seeking quashing of an FIR?
Subjects
- writ petition
- criminal procedure
- default judgment
- FIR quashing
- non‑appearance
Judgment
924-WP-4880-2021.doc
Digitally signed
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
by HARISH
HARISH
VITHAL
VITHAL
CHAUDHARI
CIRCUIT BENCH AT KOLHAPUR
CHAUDHARI Date:
2026.08.04
12:22:23 +0530
CRIMINAL APPELLATE JURISDICTION
CR. WRIT PETITION NO. 4880 OF 2021
Anis Ashraf Sheikh ...Petitioner
Versus
The State Of Maharashtra ...Respondent
…..
None for the Petitioner.
Smt. P. S. Rane APP for the Respondent-State.
…..
CORAM : SANDESH D. PATIL, J.
DATED : 31st JULY, 2026.
P. C. :
1. None appears for the Petitioner when the matter is called out. It
appears that the matter has been adjourned on every occasion at the request
of the Petitioner. There has been no interim relief operating in favour of the
Petitioner since 19.04.2021.
2. The present Petition has been filed seeking quashing of the FIR. Since
none appears for the Petitioner, the Writ Petition is DISMISSED for default.
3. In the event a charge-sheet has been filed, the Petitioner shall be at
liberty to file a fresh Petition challenging the charge-sheet, if so advised and
in accordance with law.
(SANDESH D. PATIL, J.)
Harish 1
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