Bombay High Court

JYOTI W/O. DADASAHEB KAMATHE AND ANRversusTHE STATE OF MAHARASHTRA AND ANR

Disposal: DISPOSED OFF
Bench: Y G KHOBRAGADE

Holding

The appeal was dismissed as infructuous because the cause of action no longer survived.

Summary

The appellants, Jyoti and Dadasaheb Kamathe, filed a criminal appeal but later moved the court to withdraw the petition, arguing that the cause of action no longer existed. The petitioner's second co‑accused, Dadasaheb (Devidas) Shivram Kamathe, had been acquitted in Crime No. 3 of 2020, and no charge‑sheet had been filed against the first appellant, Jyoti. The learned counsel sought leave to withdraw on these grounds. The court examined whether the appeal could be withdrawn when the underlying criminal proceedings were concluded without a pending charge. Finding that there was no surviving cause of action, the court disposed of the appeal as infructuous.

Issues considered

Whether an appeal can be withdrawn when the underlying criminal case has been concluded and the cause of action does not survive

Subjects

criminal appeal
withdrawal of petition
infructuous appeal
acquittal
charge-sheet
cause of action

Judgment

                                   1                   938criapeal239.20



         IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                     BENCH AT AURANGABAD

                  938 CRIMINAL APPEAL NO. 239 OF 2020

               JYOTI W/O. DADASAHEB KAMATHE AND ANR
                                  VERSUS
                 THE STATE OF MAHARASHTRA AND ANR
                                       ...
             Advocate for Appellants : Mr. Thorat Chandrakant R.
                  APP for Respondents/State : Mr.K.S. Patil
                                       …


                                CORAM : Y.G. KHOBRAGADE, J.
                                DATE : 28.01.2026


PER COURT :


1.            On instructions, the learned Counsel Mr. Thorat, appearing

for the appellants, seeks leave to withdraw the petition, on the ground

that, the cause of action does not survive, as the petitioner No. 2

Dadasaheb @ Devidas Shivram Kamathe is acquitted, in Crime No. 3 of

2020, registered with Khultabad Police Station, District Aurangabad,

after trial. So also, no charge-sheet has been filed, as against the

appellant No. 1 Smt. Jyoti w/o Dadasaheb Kamathe.



2.            In view of the above, the appeal is disposed as infructuous.




                                       ( Y.G. KHOBRAGADE, J.)



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