Bombay High Court
MAHADEV BALASAHEB GHOLVEversusSTATE OF MAHARASHTRA AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The petition is dismissed as the matter has already been decided and there is nothing left for consideration.
Summary
Mahadev Balasaheb Gholve filed a criminal writ petition seeking a direction to register an offence against an intervenor for alleged misappropriation in the Loknete Gopinath Munde Backward Co-operative Spinning Mill, based on a complaint dated 16‑10‑2019. The Court’s resource personnel report indicated that an FIR had already been lodged with Kaij Police Station and regular criminal case proceedings were initiated, culminating in a trial before the Judicial Magistrate First Class, Kaij, which acquitted all accused, including the intervenor. Consequently, the Court found that no issue remained for adjudication. The amount deposited by the petitioner to demonstrate his bona fides was ordered forfeited to the Library of the Government Pleader's Office. The criminal writ petition and related pending criminal applications were therefore disposed.
Issues considered
- What is the appropriate judicial remedy when an FIR has already been registered and the accused have been acquitted?
- Can the High Court direct registration of a fresh offence in a matter already concluded by a trial court?
- Is the petitioner’s deposit forfeitable upon dismissal of the petition?
Subjects
- criminal writ petition
- FIR registration
- acquittal
- forfeiture of deposit
- misappropriation
- co-operative mill
Judgment
2026:BHC-AUG:39029-DB
914 CRIMINAL WRIT PETITION NO. 822 OF 2020
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
914 CRIMINAL WRIT PETITION NO. 822 OF 2020
Mahadev Balasaheb Gholve
Versus
The State Of Maharashtra And Others
__________________________________________________________
Adv. Jadhavar Shivprasad G. for the Petitioner - Absent
Ms. M. N. Ghanekar, APP for State
Adv. Ashish S. Hazari h/f. Adv. Amol B. Chalak for
Applicant in Cri. Appln. No. 2292/2020
__________________________________________________________
WITH
CRIMINAL APPLICATION NO. 2292 OF 2020
IN WP/822/2020
WITH
CRIMINAL APPLICATION NO. 1870 OF 2020
...
CORAM : SANDIPKUMAR C. MORE AND
VAISHALI PATIL-JADHAV, JJ.
DATE : AUGUST 28, 2026
PER COURT :
1) None appears for the petitioner.
2) The petitioner has filed this petition seeking
directions for the registration of an offence against the
present intervenor for alleged misappropriation in the
Loknete Gopinath Munde Backward Co-operative Spinning
Mill, based on a complaint dated 16.10.2019. However, the
report submitted by the Resource Personnel of this Court
Komal Kamble Page 1 of 2
914 CRIMINAL WRIT PETITION NO. 822 OF 2020
dated 21.08.2026 clearly indicates that pursuant to the
said complaint, an FIR was already registered with the Kaij
Police Station, and Regular Criminal Case (R.C.C.)
proceedings arising out of it were initiated. The learned
Judicial Magistrate First Class (J.M.F.C.), Kaij, conducted
the trial and acquitted both the accused persons named
therein, including the present intervenor. In view of the
subsequent developments, nothing survives for
consideration in the matter.
3) The amount, if any, deposited by the petitioner
to demonstrate his bona fides stands forfeited and shall be
paid to the Library of the Government Pleader's Office at
the High Court of Bombay, Bench at Aurangabad.
4) The Criminal Writ Petition is disposed of
accordingly along with pending criminal applications, if
any.
(VAISHALI PATIL-JADHAV) (SANDIPKUMAR C. MORE)
JUDGE JUDGE
Komal Kamble Page 2 of 2
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