Bombay High Court

NAYUM KHAN YOUNUS KHAN PATHANversusTHE STATE OF MAHARASHTRA AND ANR

Disposal: DISPOSED OFF
Bench: RAJNISH R VYAS

Holding

The court held that the application is to be disposed of as infructuous following the acquittal.

Summary

The applicant, Nayum Khan, filed a criminal application seeking relief. After the trial court acquitted the accused, the applicant moved the High Court for permission to withdraw the application, arguing that the matter had become infructuous. The learned counsel for the applicant, Mr. Rehan Khan, submitted the withdrawal request. The court considered whether a pending criminal application could be withdrawn post‑acquittal. Finding no substantive issue remaining, the bench disposed of the application as infructuous. Consequently, the application was closed without further hearing.

Issues considered

Whether a criminal application can be withdrawn and deemed infructuous after the acquittal of the accused

Subjects

Criminal Procedure Code
withdrawal of application
infructuous
acquittal
High Court

Judgment

2026:BHC-AUG:14858-DB


                                                 1                              921.odt


                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               BENCH AT AURANGABAD

                        CRIMINAL APPLICATION NO. 2326 OF 2020
                           NAYUM KHAN YOUNUS KHAN PATHAN
                                            VERSUS
                          THE STATE OF MAHARASHTRA AND ANR
                                                ...
                            Advocate for Applicant : Mr. Rehan Khan
                                       h/f. Mr. G.R. Syed
                            APP for Respondent No. 1 : Mr. N.D. Raje
                                                ...
                                                 CORAM : RAJNISH R. VYAS, J.
                                                 DATE : 08TH APRIL, 2026

              PER COURT :

              1.          Mr. Khan, learned counsel for the applicant seeks

              permission to withdraw the application as due to acquittal, matter has

              become infructuous.


              2.          Criminal Application is disposed of as infructuous.




                                                           ( RAJNISH R. VYAS, J. )



              SPC

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