Bombay High Court

DINKAR S/O. NIVRUTTIRAO GAIKWADversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF
Bench: NEERAJ P DHOTE

Holding

The application was disposed of as infructuous due to the death of the applicant.

Summary

The applicant, Dinkar S/o. Nivruttirao Gaikwad, filed a criminal application (No. 3703 of 2019) before the Bombay High Court, Aurangabad Bench. During the proceedings, the applicant's counsel informed the court that the applicant had died, rendering the application infructuous. The State of Maharashtra and another respondent were present and opposed any further hearing. The court considered the submission that the death of the applicant made the relief sought impossible to grant. Consequently, the court held that the application could not proceed and ordered it to be disposed of as infructuous. No substantive merits of the original application were addressed.

Issues considered

What is the effect of the death of an applicant on a pending criminal application?

Subjects

death of applicant
infructuous application
criminal procedure
high court disposition

Judgment

2026:BHC-AUG:18863-DB
                                             1
                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD.

                          911 CRIMINAL APPLICATION NO. 3703 OF 2019

               Dinkar S/o. Nivruttirao Gaikwad                        ..Applicant
                      Versus
               The State of Maharashtra and Others                    ..Respondents
                                                  …..
               Shri. Shirish M. Kamble, Advocate for Applicant
               Shri. R. D. Raut, APP for Respondent – State.
               Shri. A. P. Avhad, Advocate for Respondent No.3
                                                  …..

                                            CORAM :      NEERAJ P. DHOTE, J.
                                            Dated    :   APRIL 28, 2026
               PER COURT :-

               .     Learned Advocate for the Applicant submits that the sole
               Applicant is no more and the Application has become infructuous.


               2.    Learned APP for the State and learned Advocate for Respondent
               No.3 are present.


               3.    In view of the above submission, the Application stands disposed
               of as become infructuous.




                                                           ( NEERAJ P. DHOTE, J. )

               GGP

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