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Bombay High Court

KAMRAN MOHAMMED YUSUF ZARIWALA AND ANRversusSTATE OF MAHARASHTRA AND ANR

Decided
Disposal
Disposed Off

Holding

The petition is dismissed for non‑prosecution.

Summary

The petitioners, Kamran Mohammed Yusuf and others, filed a writ petition seeking the quash of criminal case No. 923/PW/2023 pending before the 69th Judicial Magistrate (First Class) at Mazgaon, Mumbai. The petition was filed on 3 December 2025, well after the commencement of trial proceedings, which were at the stage of recording statements under Section 351 of the BNSS (equivalent to Section 313 of the Criminal Procedure Code). Neither the petitioners nor their counsel appeared in court, either physically or via video conference. The State, through its Additional Public Prosecutor, argued that the proceedings were at an advanced stage and that entertaining a belated petition would serve no purpose. The Court, noting the absence of the petitioners and their advocate and the futility of the petition at this stage, dismissed the writ petition for non‑prosecution.

Issues considered

  • Whether a writ petition for quash of a criminal case can be entertained when the trial is at the stage of recording statements under Section 313 CrPC.
  • Whether the belated filing of the petition and the absence of the petitioners justify dismissal for non‑prosecution.

Legislation cited

Subjects

  • writ petition
  • quash
  • criminal case
  • non-prosecution
  • delay
  • absence of parties
  • Section 313 CrPC

Judgment

                                                                                                       46-WP-6578-2025.doc



                                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
             Digitally signed by
GAYATRI  GAYATRI
         RAJENDRA
RAJENDRA SHIMPI                                       CRIMINAL APPELLATE JURISDICTION
SHIMPI   Date: 2026.02.05
         20:06:54 +0530




                                                       WRIT PETITION NO. 6578 OF 2025

                                   Kamran Mohammed Yusuf
                                   Zariwala And Anr.                                          … Petitioners
                                        V/s.
                                   The State of Maharashtra & Anr.                            … Respondents
                                                                             ---

                                   None for the Petitioners.
                                   Mr. Sukanta Karmakar, APP for Respondent – State.
                                   Mr. Naresh Ghag – PSI, Nagpada Police Station.
                                                                -------

                                                                        CORAM : ASHWIN D. BHOBE, J.
                                                                          DATE      : 2nd FEBRUARY, 2026.


                                   P.C. :

                                   1.               By the present Petition, the Petitioners have sought for

                                   the following substantive relief in prayer clause 11(a) :-

                                                        “a)       this Hon’ble Court be pleased to quash and
                                                        set aside and be acquit the Petitioners in Criminal
                                                        Case bearing no. 923/PW/2023, same is pending
                                                        before the Hon’ble 69th Judicial Magistrate (First
                                                        Class) at Mazgaon, Mumbai;”




                                   2.               Neither the Petitioners nor the Advocate for the

                                   Petitioners are present in Court physically or through V.C. mode.

                                   Gayatri shimpi                        1
                                                        46-WP-6578-2025.doc



3.               Mr. Sukanta Karmakar, learned APP for the State

submits that the proceedings bearing Case No. 923/PW/2023

before the 69th Judicial Magistrate (First Class) at Mazgaon,

Mumbai are at the stage of recording statement under Section 351

of BNSS (Section 313 of Cr. P. C.). He therefore submits that the

proceeding being at the fag end, no purpose would be served in

entertaining this Petition, which was filed belatedly on 3 rd

December, 2025. He states that on the last date of hearing the

Petitioners had sought for time, today there are absent. He

therefore insists for dismissal of this petition.



4.               In view of the statements made by Mr. Sukanta

Karmakar, learned APP and for the absence of the Petitioners /

Advocate for the Petitioners, this Petition is dismissed for non-

prosecution.



                                              (ASHWIN D. BHOBE, J.)




Gayatri shimpi                   2


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