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Bombay High Court

AMJAD ISMAIL MUJAWARversusTHE STATE OF MAHARASHTRA AND ORS

Decided
Disposal
Disposed Off

Holding

The petition is allowed and the pending criminal proceeding under C.R. No.156 of 1999 is quashed.

Summary

The petitioner Amjad Ismail Mujawar filed a writ petition seeking quash of C.R. No.156 of 1999, which alleged offences under Sections 387 and 506(2) of the Indian Penal Code. The charge‑sheet had not been filed for more than fourteen years, and the prosecution had destroyed the case papers. The Court noted that the prolonged delay and loss of evidence rendered the continuation of the criminal proceeding futile. Accordingly, the Court allowed the petition, quashing the pending criminal case. The writ petition was thereafter disposed.

Issues considered

  • Whether a criminal proceeding pending for an extended period without a charge‑sheet and with destruction of investigation records can be quashed by a writ petition.

Legislation cited

Subjects

  • quash criminal proceeding
  • delay in filing charge‑sheet
  • shelf matter
  • writ petition
  • Indian Penal Code
  • Section 387
  • Section 506(2)
  • right to speedy trial

Judgment

                                                                                  27.WP.518.2014.doc

HARSHADA H. SAWANT
      (P.A.)
                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                          CRIMINAL APPELLATE JURISDICTION


                                      WRIT PETITION NO.518 OF 2014

              Amjad Ismail Mujawar                             .. Petitioner
                         Versus
              The State of Maharashtra and Anr.                .. Respondents
                                          ....................
               Mr. R. V. Gupta a/w. Mr. Rohit Vaishya, Mr. Rama Gupta and Ms.
                Sadhana Yadav, Advocates for Petitioner.
               Ms. Sangeeta E. Phad, APP for Respondents.
               PSI – Pravin Randive, Andheri Police Station.
                                                   ...................

                                                 CORAM : MILIND N. JADHAV, J.
                                                 DATE           : SEPTEMBER 01, 2026
              P.C.:

              1.           Heard Mr. Gupta, learned Advocate for Petitioner and Ms.

              Phad, learned APP for Respondents.


              2.           After hearing Petitioner on 13.08.2026, following order was

              passed:-

                      “1.         Heard Mr. Vaishya, learned Advocate for Petitioner and
                      Ms. Phad, learned APP for Respondents.
                      2.          This Petition is with regard to C.R.No.156 of 1999 against
                      the Petitioner under Sections 387 and 506(ii) of the Indian Penal
                      Code, 1860. Admittedly for almost 14 years, the charge-sheet was not
                      filed and therefore this Court was constraint to pass order dated
                      11.11.2014 while admitting this Petition. The Petitioner has also
                      written to the prosecution copy of which letter is appended at Exhibit-
                      E, page No.13. Even thereafter more than 13 years have passed.
                      3.          This being a shelf matter has been listed under the orders
                      of the Court. Today, when the matter is called out Advocate Mr.
                      Vaishya enters appearance on behalf of Petitioner. He submits that he
                      would like to take instructions and apprise the Court. Learned APP is
                      also directed to file an appropriate report to the Court with regard to
                      any investigation done or otherwise so that appropriate order can be
                      passed in the Writ Petition.


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                                                                                        27.WP.518.2014.doc


                     4.           Stand over to 20th August, 2026. To be placed under the
                     caption ‘First on Board’.”


               3.            Carrying on further today Ms. Phad after taking instructions

               informs the Court that charge-sheet has not been filed. Considering

               the aforesaid timeline as also fact that prosecution have destroyed all

               the papers, no purpose whatsoever will be served by keeping the

               present Petition pending.


               4.            Writ Petition is allowed in terms of prayer clause (a) which

               reads thus:-

                             “a.           This Hon’ble Court may be pleased to quash and set aside C. R.
                                           No. 156 of 1999 punishable U/s. 387, 506(2) of Indian Penal
                                           Code pending in the file of Andheri Police Station, Mumbai
                                           against him.”


               5.            Writ Petition is allowed and disposed.



H. H. SAWANT                                                          [ MILIND N. JADHAV, J. ]

                        Digitally signed
                        by HARSHADA
               HARSHADA HANUMANT
               HANUMANT SAWANT
               SAWANT   Date:
                        2026.09.01
                        15:17:41 +0530




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