Bombay High Court

SHAIKH RIZWAN S/O. SHAIKH FARIDMIYANversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal: DISPOSED OFF
Bench: RAJNISH R VYAS

Holding

The criminal application was dismissed as infructuous because the acquittal of all accused rendered the matter moot.

Summary

Shaikh Rizwan filed a criminal application before the Bombay High Court, Aurangabad Bench, seeking relief after the acquittal of all accused in the underlying case. The applicant, through counsel Mr. Rehan Khan, argued that the acquittal rendered the application moot. The court examined whether the application could proceed in light of the acquittal. Relying on the principle that a matter becomes infructuous when the substantive issue is resolved, the court held that there was no longer any controversy to adjudicate. Consequently, the criminal application was disposed of as infructuous.

Issues considered

What is the effect of the acquittal of all accused on the pending criminal application?

Subjects

criminal application
infructuous
acquittal
mootness
High Court

Judgment

                                  1                            923.odt


      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 BENCH AT AURANGABAD

           CRIMINAL APPLICATION NO. 2453 OF 2020
          SHAIKH RIZWAN S/O. SHAIKH FARIDMIYAN
                              VERSUS
         THE STATE OF MAHARASHTRA AND ANOTHER
                                  ...
              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.          Learned counsel Mr. Khan holding for learned counsel Mr.

Syed, for the applicant fairly submits that due to acquittal of all the

accused, matter has become infructuous.


2.          In view of the statement made, Criminal Application is

disposed of as infructuous.



                                            ( RAJNISH R. VYAS, J. )



SPC

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