Gauri Vijay Ghorpade And ANR v. The State Of Maharashtra

UMESH SHRINIWAS MALANI

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION UMESH SHRINIWAS MALANI Date: 2022.02.01 15:37:16 +0530 WRIT PETITION NO. 518 OF 2019 Gauri Vijay Ghorpade and Anr

...Petitioners

Versus

The State of Maharashtra

...Respondent

***  Mr. Abid Mulani i/by Mr. Prasanna P. Patil for the Petitioners.

 Mr. J.P. Yagnik, APP, for the Respondent - State. *** CORAM : PRASANNA B. VARALE & ANIL S. KILOR, JJ.

DATE : JANUARY 31, 2022.

PER COURT :

1.

Perusal of the record show that the present Writ petition is filed in the year 2019 seeking quashment of the first information report no. 282/2017 lodged at Khadki Police Station, Pune on 05.07.2017 for the offences punishable under Sections 406, 420, 467, 468, 471 of IPC read with Section 34 of IPC.

2.

While issuing notice on 08.03.2019, the Petitioners were permitted to implead the complainant as party Respondent No. 2 by carrying out necessary amendment.

3.

Though, the matter was listed before this Court on 2-3 occasions, due to paucity of time the matter was adjourned and interim order was continued. On 13th December, 2021, the matter was listed before this Court but none appeared for Petitioner. Then by referring to the order of this Court dated 12th October, 2021, the Petition was adjourned by way of last indulgence. Vide order dated 12th October, 2021, the interim order granted on 08.03.2019 was vacated. 4.

Today, learned Counsel appearing for the Petitioners expressed his inability to make submissions on the ground that the Petitioners are not responding the learned Counsel in spite of his repeated attempts to establish contact with them and as such, the learned Counsel for Petitioners prayed for withdrawal of his appearance for the Petitioners.

5.

Though, learned Counsel for Petitioners orally made submissions before this Court, as there was nothing on record in the form of exchange of any communication between him and Petitioner, we unable to accept the request of the Counsel for withdrawal of his appearance.

6.

It seems that the Petitioners are not at all interested in prosecuting the Petition and an interim order directing the authorities not to file chargesheet vide order dated 08.03.2019 is vacated by subsequent order dated 12th October, 2019.

7.

Considering this facts, we see no justifiable reason to kept the Petition pending in this Court. Accordingly, the Petition is dismissed for non prosecution and disposed of.

(ANIL S. KILOR, J.) (PRASANNA B. VARALE, J.)