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Bombay High Court

ANIS ASHRAF SHEIKHversusTHE STATE OF MAHARASHTRA

Disposal
Dismissed

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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