Bombay High Court
GORAKH BHAURAO SURYAWANSHI AND OTHERSversusTHE STATE OF MAHARASHTRA AND ANOTHER
- Disposal
- DISMISSED
Holding
Since the applicants have been acquitted, the pending criminal application is infructuous and is dismissed.
Summary
In Criminal Application No. 2591 of 2022, the applicants sought relief against the State of Maharashtra. The applicants' counsel submitted that the applicants had been acquitted by an order dated 23 June 2026 in RCC No. 287/2022. The court took note of the acquittal order and marked it for identification. Since the acquittal left no surviving issue, the court held that the pending application was moot. Consequently, the application was dismissed as infructuous.
Issues considered
- Whether the criminal application is maintainable after the applicants have been acquitted in the substantive criminal case?
Subjects
- acquittal
- criminal application
- infructuous
- mootness
- dismissal
Judgment
2026:BHC-AUG:39963-DB
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 2591 OF 2022
GORAKH BHAURAO SURYAWANSHI AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER
...
Mr. R. S. Salve h/f Mr. H. V. Tungar, Advocate for the applicants
Mr. S. B. Narwade, APP for the Respondent/State
CORAM : R. M. JOSHI, J.
DATED : 2nd SEPTEMBER, 2026
PER COURT :-
1. Not on board. Upon mentioning, taken on board.
2. Learned Advocate for the applicants submits that, by order dated
23.06.2026 passed in R.C.C. No. 287/2022, the applicants have been
acquitted. In view thereof, nothing survives for consideration in the present
application. The copy of the said order is taken on record and marked ‘X’ for
the purpose of identification.
3. In view of the above, the application stands dismissed as having become
infructuous.
( R. M. JOSHI, J.)
ssp
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