✦ Bombay High Court · 23 Jan 2026

Shri. Ayub Usmangani Patwekar & Ors. v. The State of Maharashtra & Anr.

Wp No. 35 of 2014ASHWIN D BHOBE

Case at a glance

Key paragraphs

  • Para 44. Mr. Prasanna Malshe, learned A.P.P. for the State/Respondent on instructions states that the matter before the Trial Court was listed on 23.07.2021. He submits that the Accused (Petitioners) had not appeared before the Trial Court on 23.07.2021 and since then they failed to remain…

Judgment

Shri. Ayub Usmangani Patwekar And Ors. ...Petitioners Versus The State of Maharashtra And Anr. ...Respondents __________ None present for the Petitioners. Mr. Kiran C. Shinde, learned A.P.P. for the State/Respondent. __________ CORAM : ASHWIN D. BHOBE, J. DATE : 23rd JANUARY 2026. P.C. :

1.

On 20.01.2026, the following order was made by this Court :- “1. This Petition is listed today under the caption “Prioritised Cases”.

2.

By the present Petition, the Petitioners have sought for quashing of the criminal proceedings bearing R.C.C. No. 753 of 2013 pending before the learned Trial Court.

3.

When this matter was called out at 12:19 p.m., neither the Petitioners nor the Advocate for the Petitioners are present in the Court, either physically or through Video Conferencing mode.

4.

Mr. Prasanna Malshe, learned A.P.P. for the State/Respondent on instructions states that the matter before the Trial Court was listed on 23.07.2021. He submits that the Accused (Petitioners) had not appeared before the Trial Court on 23.07.2021 and since then they failed to remain present Gitalaxmi before the Trial Court, which resulted in non-framing of charge. He submits that charge is not framed for the reasons attributable to the Petitioners in the said crime.

5.

In view of the absence of the Petitioners and/or their Advocate, this matter is adjourned on 23rd January 2026 under the caption “For Dismissal.”

2. When this matter was called out today, names of the Petitioners as well as name of their Advocate shown on the file (i.e. Mr. Dayanand Chandrakant Awari) were called by the Sheristedar in the open Court. None appeared when the matter was called out, either physically or through Video Conferencing mode.

3. In view of the order dated 20.01.2026 and absence of the Petitioners as also the Advocate for the Petitioners today, Criminal Writ Petition No. 35 of 2014 is dismissed for non-prosecution. [ASHWIN D. BHOBE, J.] GITALAXMI KRISHNA KOTAWADEKAR KRISHNA KOTAWADEKAR

Precedent status how later indexed judgments have treated this case

No known negative treatment found in the Courts & Cases corpus.

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