Bombay High Court

RAFFIQUE GAFFAR MEMONversusTHE STATE OF MAHARASHTRA

Disposal: DISPOSED OFF
Bench: NEERAJ P DHOTE

Holding

The petition is dismissed for want of prosecution as the petitioner is absconding and not interested in pursuing the matter.

Summary

The petitioner, Raffique Gaffar Memon, filed a criminal writ petition seeking quash of an FIR. The petitioner’s counsel reported that the petitioner could not be contacted and was not responding. The State’s counsel was present. The Court noted that the petitioner was absconding and showed no interest in pursuing the relief. Consequently, the Court held that the petition could not proceed and dismissed it for want of prosecution. The dismissal was recorded on 8 May 2026.

Issues considered

Whether a criminal writ petition seeking quash of an FIR can be entertained when the petitioner is absconding and shows no interest in pursuing the relief

Subjects

quash FIR
criminal writ petition
absconding petitioner
want of prosecution
petition dismissed

Judgment

                                                                   1                     908CrWP711.2019.odt
                                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                    BENCH AT AURANGABAD.

                                           908 CRIMINAL WRIT PETITION NO. 711 OF 2019

                                                           Raffique Gaffar Memon
                                                                    VERSUS
                                                     The State Of Maharashtra
                                                                 ...
                             Mr. Yuvraj S. Choudhari - Advocate for the Petitioner
                             Mrs. M. L. Sangit - APP for the State
                                                                 ...

                                                                    CORAM :        NEERAJ P. DHOTE, J.
                                                                    DATED :        08TH MAY, 2026

                             PER COURT : -

                             1.       Learned Advocate for the Petitioner submits that, the Petitioner is

                                      not in his contact since long and he is not responding.


                             2.       Learned AGP for the State is present.


                             3.       The order dated 6th January, 2020 reads as under :-


                                               “The learned counsel for Petitioner seeks time. Pendency of this
                                      matter does not amount to interim relief of any kind to anything. The
                                      learned counsel for Petitioner needs to satisfy this Court as to how any
                                      relief can be granted in favour of the Petitioner as he is absconding in the
                                      criminal case. Stand over to 24 th January, 2020, in urgent category.”


                             4.       In view of the above, it is clear that the Petitioner is not interested

                                      in pursuing the matter which is for quashing of the FIR. Hence,

                                      the Petition is dismissed for want of prosecution.



                                                                                    [NEERAJ P. DHOTE]
                                                                                         JUDGE
                             SG Punde
Signed by: Sandeep Gulabrao Punde
Designation: PS To Honourable Judge
Date: 08/05/2026 17:30:06

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