1-APL-357-2018.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 357 OF 2018 Sanjay (Sanju) Bhekho Yadav & Anr. ... Applicants Vs. The State of Maharashtra & Anr. ... Respondents **** None present for the Applicants. Mr. Sukanta Karmakar, APP for Respondent – State. Mr. D. P. Mane – PSI, Kasturaba Marg Police Station. **** CORAM : ASHWIN D. BHOBE, J. DATE : 8th JANUARY, 2026 P.C. : 1. By the present Application, Applicants have sought the following substantive relief:- “a) this Hon’ble Court may be pleased to quash and set aside the FIR No.301 of 2016, registered with Kandivali Police Station, for the offences u/s 408,34 of Indian Penal Code and its consequential proceedings on such terms and conditions as this Hon’ble Court may deem fit and proper in the circumstances of the present case;” 2. On 5th January, 2026, the following order was made :- “1. This matter was called out at 11.30 a.m. Neither the Applicants nor the Advocate for the Applicants appeared either physically in court or through V.C. Mode. In order to afford an opportunity to the Gayatri Shimpi 1 GAYATRI RAJENDRA SHIMPI Digitally signed by GAYATRI RAJENDRA SHIMPI Date: 2026.01.12 21:04:51 +0530 1-APL-357-2018.doc Applicants/learned Advocate for the Applicants to appear before this Court, this matter was kept post lunch. 2. This matter was again called out at 3.07 p.m.. Again neither the Applicants nor the Advocate for the Applicants are present in the court either physically or through V.C. Mode. 3. Mr. Sukanta Karmarkar, learned APP for the State submits that charge-sheet in FIR No. 301 of 2016 has been filed on 12th June, 2017. He submits that the Applicant Sanjay(Sanju) Yadav is shown as absconding. He submits that though the charge-sheet has been filed on 12th June, 2017, the Applicants have neither questioned nor challenged the said charge-sheet in the present Application. 4. As and by way of last indulgence, this Criminal Application No. 357 of 2018 is adjourned to 8th January, 2026 for dismissal.” 3. Today, this matter was called out at 11.24 a.m. Neither the Applicants nor the Advocate for the Applicants were present either physically or through V.C. mode, as such, the matter was kept back. Matter was called out at 1.00 p.m. again neither the Applicants nor the Advocate for the Applicants were present either physically or through V. C. mode. 4. Mr. Sukanta Karmakar, learned APP for Respondents, on instructions from his officer, reiterates that the Applicants are Gayatri Shimpi 2 1-APL-357-2018.doc absconding and therefore no indulgence be shown to such a litigant who is abusing the process of law. He submits that the conduct of the Applicants of not remaining present before this Court and/or not being represented by an Advocate warrants dismissal of the present Petition for non-prosecution. 5. Considering the request of Mr. Sukanta Karmakar, learned APP and the absence of the Applicants / their Advocate before this Court on 5th January, 2026 and today, this Court has no other option but to dismiss the present Application for non-prosecution. 6. Criminal Application No. 357 of 2018 is dismissed. (ASHWIN D. BHOBE, J.) Gayatri Shimpi 3