Bombay High Court
SHIVAJI JALBAJI BARSE AND OTHERSversusTHE STATE OF MAHARASHTRA AND ANOTHER
- Disposal
- DISPOSED OFF
Holding
The petition was dismissed as the reliefs sought no longer survived due to the pending criminal proceeding.
Summary
The petitioners filed a criminal writ petition seeking the quashing of FIR No. 79/2021 registered at Ardhapur Police Station and a restraining order against the respondents from filing a charge-sheet. The Court noted that, following the FIR, a criminal case (R.C.C. No. 131/2021) had already been registered and was pending before the Judicial Magistrate First Class, Ardhapur. Because the criminal proceeding was already underway, the reliefs sought in the writ petition were deemed no longer viable. The Court therefore held that the petition could not be entertained. Consequently, the petition was disposed of without any order on the merits. The decision underscores that once a criminal case is instituted, a writ petition to quash the FIR or prevent filing of a charge-sheet loses its relevance.
Issues considered
- Whether a criminal writ petition seeking to quash an FIR and restrain filing of a charge-sheet is maintainable when a criminal case based on the FIR is already pending before a magistrate.
Subjects
- quash FIR
- criminal writ petition
- pending criminal proceeding
- jurisdiction
- relief no longer survives
Judgment
2026:BHC-AUG:34713-DB
913 CRIMINAL WRIT PETITION NO. 871 OF 2021
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
913 CRIMINAL WRIT PETITION NO. 871 OF 2021
Shivaji Jalbaji Barse And Others
Versus
The State Of Maharashtra And Another
__________________________________________________________
Adv. Rathod Abhaya R. for the Petitioners
Ms. D. S. Jape, APP for State
Mr. A. G. Jadhav for Respondent No. 2 - Absent
__________________________________________________________
CORAM : SANDIPKUMAR C. MORE &
VAISHALI PATIL-JADHAV, JJ.
DATE : 06.08.2026
PER COURT :
1] Although the directions sought were for
quashing F.I.R. No. 79/2021 registered with Ardhapur
Police Station, District Nanded, and for restraining the
respondents from filing the charge-sheet, the report of the
Resource Personnel of this Court dated 05.08.2021
indicates that, pursuant to the said F.I.R., R.C.C. No.
131/2021 has already been registered and is pending
before the Judicial Magistrate First Class, Ardhapur.
2] In view thereof, the reliefs sought in the present
petition no longer survive for consideration. Accordingly,
the petition stands disposed of.
(VAISHALI PATIL-JADHAV) (SANDIPKUMAR C. MORE)
JUDGE JUDGE
Komal Kamble Page|1
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