Bombay High Court

SHIVAJI GOVIND AAVULWADversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal: DISPOSED OFF

Holding

The application was dismissed as it lacked a specific grievance and substantive allegation of wrongdoing.

Summary

The applicant, Shivaji Govind Aavulwad, filed a criminal application alleging suspicion that certain persons were involved in the murder of his father. The police recorded his statement, in which he admitted he only had suspicion and that the post‑mortem report concluded the death was due to a heart attack. In a subsequent application, the applicant refused to give any statement regarding his father's death. The court observed that the applicant had no specific grievance against any individual and that the allegation lacked substantive basis. Consequently, the court held that the application could not proceed and ordered it to be disposed of.

Issues considered

Whether a criminal application can be entertained when the applicant merely expresses suspicion without a specific grievance against any person.

Subjects

criminal application
grievance
suspicion
post‑mortem report
application dismissed

Judgment

2026:BHC-AUG:37612-DB
                                                                                  939




                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                         939 CRIMINAL APPLICATION NO. 3992 OF 2025

                                         Shivaji Govind Aavulwad
                                                  Versus
                                  The State Of Maharashtra And Another

                   __________________________________________________________
                   Mr. Jain Gajendra Devichand, Advocate for Applicant
                   Mr. A. S. Shinde, Addl.P.P. for State
                   __________________________________________________________


                                      CORAM     : SANDIPKUMAR C. MORE AND
                                                  VAISHALI PATIL-JADHAV, JJ.

                                      DATE      : 14.08.2026

                   PER COURT :

                   1]                The learned Additional Public Prosecutor,

                   after getting instructions in respect of the application of the

                   applicant       dated   19.06.2025,   submits   that   the   said

                   application was sent to the concerned Police Station for

                   enquiry, wherein the statement of the present applicant

                   was recorded.


                   2]                On going through the said statement dated

                   08.07.2025, it reveals that the applicant himself stated that

                   he was only having suspicion about the involvement of the

                   persons mentioned in his application in committing the

                   murder of his father. He has further stated that, after
                   Komal Kamble                                           Page|1 of 2
                                                           939




conducting the postmortem, the Doctor arrived at the

conclusion that his father died of a heart attack. As such,

he confirmed that his father died due to a heart attack.


3]             Even in the enquiry into his subsequent

application dated 16.07.2025, he refused to make any

statement in respect of the death of his father. The Station

Diary entry to that effect dated 19.07.2025 is also placed

on record by the learned Additional Public Prosecutor.


4]             As such, it appears that the petitioner is not

having any grievance against anybody about the death of

his father. Accordingly, nothing survives in the present

application and the same stands disposed of.




[VAISHALI PATIL-JADHAV]          [SANDIPKUMAR C. MORE]
          JUDGE                          JUDGE




Komal Kamble                                       Page|2 of 2

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