46-WP-6578-2025.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 6578 OF 2025 Kamran Mohammed Yusuf Zariwala And Anr. … Petitioners V/s. The State of Maharashtra & Anr. … Respondents --- None for the Petitioners. Mr. Sukanta Karmakar, APP for Respondent – State. Mr. Naresh Ghag – PSI, Nagpada Police Station. ------- CORAM : ASHWIN D. BHOBE, J. DATE : 2nd FEBRUARY, 2026. P.C. : 1. By the present Petition, the Petitioners have sought for the following substantive relief in prayer clause 11(a) :- “a) this Hon’ble Court be pleased to quash and set aside and be acquit the Petitioners in Criminal Case bearing no. 923/PW/2023, same is pending before the Hon’ble 69th Judicial Magistrate (First Class) at Mazgaon, Mumbai;” 2. Neither the Petitioners nor the Advocate for the Petitioners are present in Court physically or through V.C. mode. Gayatri shimpi 1 GAYATRI RAJENDRA SHIMPI Digitally signed by GAYATRI RAJENDRA SHIMPI Date: 2026.02.05 20:06:54 +0530 46-WP-6578-2025.doc 3. Mr. Sukanta Karmakar, learned APP for the State submits that the proceedings bearing Case No. 923/PW/2023 before the 69th Judicial Magistrate (First Class) at Mazgaon, Mumbai are at the stage of recording statement under Section 351 of BNSS (Section 313 of Cr. P. C.). He therefore submits that the proceeding being at the fag end, no purpose would be served in entertaining this Petition, which was filed belatedly on 3rd December, 2025. He states that on the last date of hearing the Petitioners had sought for time, today there are absent. He therefore insists for dismissal of this petition. 4. In view of the statements made by Mr. Sukanta Karmakar, learned APP and for the absence of the Petitioners / Advocate for the Petitioners, this Petition is dismissed for non- prosecution. (ASHWIN D. BHOBE, J.) Gayatri shimpi 2