Bombay High Court

YUSUF HUSSAIN MITHIversusFIROZE DAWOOD PATEL AND ANR

Decided: 1 October 2026
Disposal: Disposed Off

Holding

A criminal application becomes infructuous upon the death of the applicant.

Summary

The applicant, Yusuf Hussain Mithi, filed a criminal application before the Bombay High Court. The application was contested by respondents Firoze Dawood Patel and the State. During the pendency of the matter, the applicant passed away. The court held that the death of the applicant renders the criminal application infructuous. Consequently, the application was disposed of as infructuous.

Issues considered

Whether a criminal application becomes infructuous upon the death of the applicant

Subjects

criminal application
infructuous
death of applicant

Judgment

                                                                                        41.APL.193.2017.doc

      HARSHADA H. SAWANT
            (P.A.)
                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                   CRIMINAL APPELLATE JURISDICTION


                                             CRIMINAL APPLICATION NO.193 OF 2017

                    Yusuf Hussain Mithi                             .. Applicant
                              Versus
                    Firoze Dawood Patel And Anr.                    .. Respondents
                                               ....................
                     Mr. Nasim A. Shaikh, Advocates for Applicant.
                     Mr. A. Majid H. Banderkar, Advocate for Respondent No.1.
                     Ms. Rajeshree V. Newton, APP for Respondent No.2 – State.
                                                           ...................

                                                          CORAM : MILIND N. JADHAV, J.
                                                          DATE          : OCTOBER 01, 2026
                    P.C.:

                    1.             Heard Mr. Shaikh, learned Advocate for Applicant; Mr.

                    Banderkar, learned Advocate for Respondent No.1 and Ms. Newton

                    learned APP for Respondent No.2 – State.


                    2.             Since Applicant has expired, Criminal Application has

                    become infructuous.


                    3.             Criminal Application is disposed of as infructuous.




H. H. SAWANT                                                               [ MILIND N. JADHAV, J. ]

                              Digitally signed
                              by HARSHADA
                     HARSHADA HANUMANT
                     HANUMANT SAWANT
                     SAWANT   Date:
                              2026.10.01
                              15:30:56 +0530




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