Shekhar Suresh Zanjare And ORS v. State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 324 OF 2026 Shekhar Suresh Zanjare And Ors.

... Applicants V/S.

State Of Maharashtra And Anr.

... Respondents __________________________________________________________ Mr. Imtiyaz Patel a/w Neha Mantule, for the Applicants. Ms. Shilpa Talhar, APP for the Respondent - State. __________________________________________________________ CORAM : ASHWIN D. BHOBE, J.

DATE : 23rd FEBRUARY, 2026.

P.C. :

1.

By the present Application filed on 31st January, 2026 the Applicants have sought for the following relief in prayer clause (a): (a) That this Hon'ble court be pleased to quash the RCC No. 156/2016 pending before the JMFC Nashik Road Court for the offence u/s 498A, 406, 323, 504, 506 r/w 34 of the Indian Penal Code.

2.

Mr. Imtiyaz Patel, learned Advocate for the Applicants submits that the FIR No. 174 of 2015 was registered against the Applicants on 10th June, 2015 for the offences punishable under

Sections 498A, 406, 323, 504, 506 read with 34 of the Indian Penal Code, 1860. He submits that upon investigation, chargesheet was filed and was registered as RCC No. 156/2016 before the Court of Judicial Magistrate First Class, Nashik. He submits that charge was framed on 17th October, 2016. He submits that the trial commenced in the matter and the Respondent No. 3 entered the witness box on 10th October, 2017. He submits that since 10th October, 2017, Respondent No. 3 has not come to the Court and offered her examination / cross examination.

3.

Mr. Imtiyaz Patel, submits that the records of the Trial Court indicate that Bailable Warrants were issued against the Respondent No. 3 for her absence. However, despite the service of Bailable Warrant, the Respondent No. 3 has chosen to avoid appearing in Court and offering herself for examination. He submits that the Applicant No. 2 is a senior citizen aged 73, while all the other Applicants are in their late 40s. He submits that the delay caused in disposal of the proceedings for reasons solely attributable to the Respondent No. 3 is causing distress and harassment to the Applicants.

4.

On the basis of the above, Mr. Imtiyaz Patel submits that, though the Applicants have sought for quashing of the proceedings, the Applicants would be satisfied if the trial of RCC No. 156/2016 is expedited.

5.

Ms. Shilpa Talhar, learned APP for the State, opposes the Application on the ground that charge is framed and the trial has commenced. She, however, fairly submits that the RCC No. 156/2016 which is pending since the year 2016 and more particularly, considering the nature of offences charged, the trial would require early disposal. She submits that the matter before the learned Trial Court is listed on 13th March, 2026. She on instructions from the Investigation Officer, as also on the instructions from the learned APP appearing before the Trial Court, submits that, the prosecution shall examine all the witnesses (7 prosecution witnesses listed), in RCC No. 156/2016 within a period of 6 months from the next date of hearing i.e. 13th March, 2026.

6.

In view of the statement made by Ms. Shilpa Talhar, learned APP, Mr. Imtiyaz Patel, submits that this Application can be

disposed of by directing the prosecution to abide by their statement of completing the examination of the witnesses within a period of 6 months from 13th March, 2026.

7.

Prosecution to take note of the statement made by Ms. Shilpa Talhar, learned APP and to complete examination of the witnesses in RCC No. 156/2016 within 6 months, with effect from 13th March, 2026.

8.

Mr. Imtiyaz Patel undertakes to place this Order on the file of RCC No. 156/2016 pending before the Judicial Magistrate First Class, at Nashik, on 13th March, 2026.

9.

In view of the above and as requested by Mr. Imtiyaz Patel, Criminal Application No. 324 of 2026 is disposed of. (ASHWIN D. BHOBE, J.) ARJUN KRISHNA RODGE ARJUN KRISHNA RODGE Date: 2026.03.04 20:40:12 +0530