Rakhee Hemal Shah v. The State Of Maharashtra And ANR

by LAXMIKANT GOPAL CHANDAN Date:

2026.03.23 20:26:02 +0530

(33) WP-6029.25.DOCX LAXMIKANT GOPAL CHANDAN lgc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.6029 OF 2025 Rakhee Hemal Shah : Petitioner.

Versus

The State of Maharashtra & Anr.

: Respondents.

______________________________________________________ None for the Petitioner.

Mr. Sukanta Karmakar, APP for the Respondent/State. ______________________________________________________ CORAM : ASHWIN D. BHOBE, J.

DATED : 23 March 2026 PC:- 1.

By the present Petition, the Petitioner has sought for the following substantive reliefs :- b) This Hon'ble Court maybe pleased to issue a writ of certiorari or writ in the nature of certiorari or any other appropriate writ direction and order under Article 226 of the Constitution of India, 1950 r/w Section 482 of CrPC, thereby quashing and setting aside the Regular Criminal Case No. 6376 of 2025 (old RCC/1648/2022) pending before the Ld. 2nd Jt. Civil Judge, Junior Division, Mira Bhayandar;

c) This Hon'ble Court maybe pleased to issue a writ of mandamus or writ in the nature of mandamus or any other appropriate writ direction and order under Article 226 of the Constitution of India, 1950 r/w Section 482 of CrPC, thereby quashing and setting aside the charge sheet dated Final Report No. 61 of 2021 prepared by Navghar Police Station;

d) This Hon'ble Court maybe pleased to issue a writ of mandamus or writ in the nature of mandamus or any other appropriate writ direction and order under Article 226 of

(33) WP-6029.25.DOCX the Constitution of India, 1950 r/w Section 482 of CrPC, thereby quashing and setting aside the FIR No. 0435 of 2021 dated 19.06.2021, registered with Navghar Police station for the offences punishable under Section 420, 406, 506 and 34 of IPC;

e) This Hon'ble Court maybe pleased to hold and declare that the registration of the FIR and continuation of the criminal proceedings against the present Petitioner, in absence of any specific role, material, or evidence, is arbitrary, illegal, and constitutes abuse of process of law;" 2.

On 10 March 2026, the following order is made :- "1 No one appears for the Petitioner.

2. List the matter on 23rd March 2026 under the caption "For Dismissal"

3.

Today when this matter was called out neither the Petitioner nor the Advocate for the Petitioner on record (Mr. Himanshu K Gupta) whose name was called out by the Sheristedar were present in Court or through V.C. mode. 4.

Mr. Sukanta Karmakar, learned APP for the Respondent/State, submits that the Petitioner apparently is not interested in pursuing this Petition, and therefore, insists for its dismissal.

5.

In view of above, this Writ Petition No.6029 of 2025 is dismissed for non prosecution.

(ASHWIN D. BHOBE, J.)