Bombay High Court

VIJAYPRAKASH KISANRAO THOMBREversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF

Holding

The Court held that, given the prior FIR and the acquittal of the accused, there was no ground to direct a fresh registration of the offence, and the petition was dismissed.

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. The Judicial Magistrate First Class, Kaij, tried the case and acquitted all accused, including the intervenor. Consequently, the Court found no basis to order a fresh registration of the offence. The amount deposited by the petitioner as a bond was ordered forfeited to the Library of the Government Pleader’s Office, and the writ petition was disposed.

Issues considered

Whether the High Court can direct registration of an offence when an FIR has already been filed and the accused have been acquitted.
Whether the petitioner’s deposited amount should be forfeited.

Subjects

criminal writ petition
FIR registration
acquittal
misappropriation
forfeiture
co‑operative society

Judgment

2026:BHC-AUG:39028-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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