Bombay High Court

VINAYAK SAKHARAM THAVILversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal: DISPOSED OFF
Bench: RAJNISH R VYAS

Holding

The filing of a summary report renders the pending criminal applications infructuous, leading to their disposal.

Summary

Two criminal applications (Nos. 897/2021 and 984/2021) were filed before the Bombay High Court, Aurangabad Bench, by Narendra @ Sandip Kanhiyalal Musale and Vinayak Sakharam Thavil respectively, against the State of Maharashtra and another respondent. The applicants sought relief under the criminal procedure, while the respondents opposed the applications. Both parties submitted that a summary report had been filed in the matters. The court examined whether the filing of the summary report rendered the applications infructuous. In view of the filing, the court held that the applications could no longer proceed. Consequently, both applications were disposed of as infructuous.

Issues considered

Whether the filing of a summary report makes a pending criminal application infructuous and thereby disposes of the application?

Subjects

summary report
infructuous
criminal application
procedural disposal
Bombay High Court

Judgment

2026:BHC-AUG:13114-DB
                                                                         912-APPLN-897-21.odt



                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                            CRIMINAL APPLICATION NO. 897 OF 2021

          Narendra @ Sandip Kanhiyalal Musale                   ..APPLICANT
                VERSUS
          State of Maharashtra and Another                      ..RESPONDENTS

                         WITH CRIMINAL APPLICATION NO. 984 OF 2021

          Vinayak Sakharam Thavil                               ..APPLICANT
                VERSUS
          State of Maharashtra and Another                      ..RESPONDENTS
                                                ....
          Mr. G.D. Jain, Advocate for applicant in APPLN/897/2021
          Mr. V.S. Yelmame, Advocate h/f Mr. M.S. Deshmukh, Advocate for applicant
          in APPLN/984/2021
          Mr. V.S. Badakh, A.P.P. for respondent no.1 – State
          Mr. S.P. Tilve, Advocate for respondent no.2
                                                ....

                                                     CORAM : RAJNISH R. VYAS, J.
                                                     DATE : 27th MARCH, 2026

          PER COURT :

          .          Both the counsels submit that B Summary report is filed, and

          therefore, the matters have become infructuous.


          2.         In view of the same, both the applications stand disposed of as

          infructuous.




                                                            ( RAJNISH R. VYAS, J. )
          SSD


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