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2025 DAILYLAW 77983 (BOM)

VISHWANATH VITHOBA BORADE AND ANR v. THE STATE OF MAHARASHTRA AND ORS

APL/640/2016 · 2025-11-04

Shri Manish Pitale, Smt Manjusha Ajay Deshpande

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Judgment text

Extracted from the PDF above. The PDF is authoritative.

bipin prithiani 1 10-apl-640.16.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 640 OF 2016 Vishwanath Vithoba Borade & Anr. … Applicants Versus The State of Maharashtra & Ors. … Respondents ****** Mr. Shahnawaz Khan i/by Vijendra Jabra for the Applicants. Ms. Sharmila Kaushik, APP for Respondent Nos.1 and 2. ****** CORAM : MANISH PITALE AND MANJUSHA DESHPANDE, JJ. DATE : 4th NOVEMBER 2025 P.C. : . This application was kept back in the morning session for the learned APP to take instructions in the matter. 2. We find that this application was filed as far back as in April 2016 invoking Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.). The prayer clause does not divulge any specific prayer for quashing of FIR and simply seeks order of protection to the applicants and the family members, with a further direction to the respondent No.2 i.e. the Inspector of the concerned police station not to take coercive steps in respect of the FIR. Record further shows that the FIR was registered as far back as on 16th April 2015 against the applicants for the offence punishable under Section 420 of the Indian Penal Code, 1860 (IPC). This bipin prithiani 2 10-apl-640.16.doc application was not effectively circulated and heard for all these years. In fact, when it was taken up for consideration on 8th June 2017, there was no appearance on behalf of the applicants. Thereafter, the application remained dormant till it was called out today for consideration. 3. The learned APP took instructions and on the second call, informed this Court that the investigation was completed and charge-sheet was filed on 27th October 2016 and that the matter is now pending before the competent Court, wherein the next date is 11th December 2025. 4. In these circumstances, we are not inclined to grant any further time to the applicants or to consider the present application seeking to invoke inherent powers of this Court, in the context of the subject FIR, in respect of which there is not even a prayer for quashing of the same. 5. In view of the observations made herein above, the application is dismissed. (MANJUSHA DESHPANDE, J.) (MANISH PITALE, J.) BIPIN DHARMENDER PRITHIANI Digitally signed by BIPIN DHARMENDER PRITHIANI Date: 2025.11.04 18:09:25 +0530