Prakash Bachchu Dhodi And ANR. v. State Of Maharashtra And ANR.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

by ASHISH SAHEBRAO MHASKE Date:

2025.06.19 19:43:20 +0530 ASHISH SAHEBRAO MHASKE CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2022 OF 2025 WITH WRIT PETITION NO.3038 OF 2025 Prakash Bachchu Dhodi & Anr .....Applicants/Petitioners Vs.

The State Of Maharashtra & Anr.

.....Respondents ______________________ Ms. Asavari Gaikwad i/b Mr. Yogesh Pande for the Applicants/Petitioners. Mr. Ajay Patil APP, for the Respondent-State. PSI Mr. Bharat Dange, Dahanu Police Station, present. ______________________ CORAM : A. S. GADKARI AND RAJESH S. PATIL, JJ.

DATE : 12th JUNE, 2025.

P.C.:- 1) Present Petition under Article 226 of the Constitution of India is filed for quashing of FIR No. I-203 of 2024 dated 8th July, 2024 registered with Dahanu Police Station, District Palghar, under Sections 420, 504, 506 r/w Section 34 of Indian Penal Code.

1.2) The aforestated Interim Application is filed for the following relief:

"a) That this Hon'ble Court may be pleased to grant pre-arrest bail till the final disposal of this application / quashing petition in C.R. no. I-203 of 2024 came to be registered on 8th July 2024 1/3

with Dahanu Police Station on the Complaint of Mrs. Sukari Lakshya Ravte, against the Applicants under Section 420, 504, 506 r/w. 34 of Indian Penal Code, 1860;"

2) Record clearly indicates that, the pre-arrest bail application preferred by the Applicants/Petitioners has been dismissed by the learned Single Judge of this Court by its Order dated 4th February, 2025 passed in Anticipatory Bail Application No. 2338 of 2024. The said Order was challenged by the Applicants/Petitioners before the Hon'ble Supreme Court, by way of Special leave to Appeal (Crl). No(s). 7180/2025. The Hon'ble Supreme Court by its Order dated 16th May, 2025 was pleased to dismiss the said Special leave to Appeal. Thus, the Order rejecting pre-arrest bail application of Applicants/Petitioners dated 4th February, 2025 holds the field as of today.

3) Learned APP on instructions of Mr. Bharat Dange P.S.I attached to Dahanu Police Station, submitted that, since the day of rejection of Special leave to Appeal by the Hon'ble Supreme Court on 16th May, 2025, the Petitioners are reported to be absconding. 4) In this precised background, aforesaid Interim Application is filed for the aforenoted relief in a pending Writ Petition seeking quashing of FIR.

5) According to us, the aforenoted Interim Application is a sheer abuse of process of law by the Applicants/Petitioners and is an ill advised 2/3

Application.

5.1) Interim Application is therefore dismissed in limine. 6) The Petitioners have invoked extraordinary discretionary jurisdiction of this Court under Article 226 of Constitution of India for quashing of FIR registered against them. Taking into consideration the conduct of the Petitioners that, they are absconding and have scant respect towards the law of the land, we are not inclined to entertain the Petition on that ground alone.

6.1) Petition is accordingly dismissed.

(RAJESH S. PATIL, J.) (A.S. GADKARI, J.) 3/3