Bombay High Court

DHANRAJ RAMAKANT TODANKARversusSTATE OF MAHARASHTRA

Decided: 1 October 2026
Disposal: Disposed Off

Holding

The petition is infructuous and must be disposed of because the criminal trial is already in progress.

Summary

The petitioner, Dhanraj Ramakant Todankar, filed a writ petition in the Bombay High Court seeking relief against the State of Maharashtra. The respondent State, through its learned Additional Public Prosecutor, informed the Court that the criminal trial (Sessions Case No. 356 of 2023) had already commenced and that the first witness was on record. The Court examined whether the petition could continue in view of the ongoing trial. It held that once the trial is underway, the petition becomes infructuous because the matter is being adjudicated by the appropriate criminal court. Consequently, the Court disposed of the writ petition and the related interim application.

Issues considered

Whether a writ petition challenging a criminal proceeding is maintainable when the trial has already commenced

Subjects

writ petition
criminal appellate jurisdiction
infructuous petition
trial commencement
disposal of petition

Judgment

         Digitally
         signed by
         TRUPTI
TRUPTI   SADANAND
SADANAND BAMNE
BAMNE    Date:
         2026.10.05
         17:58:24
         +0530                 TSB                                             21-ia-2069-2026.doc

                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                            CRIMINAL APPELLATE JURISDICTION

                                             WRIT PETITION NO. 6569 OF 2025

                                                            WITH

                                         INTERIM APPLICATION NO. 2069 OF 2026
                                                              IN
                                             WRIT PETITION NO. 6569 OF 2025
                      Dhanraj Ramakant Todankar                            … Petitioner

                               V/s.

                      The State of Maharashtra                             … Respondent



                      Mr. Sushil A. Inamdar for the Petitioner.
                      Mr. Ajay S. Patil, APP, for the Respondent -State.
                      Mr. Ravindra Gawari, API, Narpoli Police Station, present.



                                                        CORAM :   A. S. GADKARI AND
                                                                  KAMAL KHATA, JJ.
                                                           DATE : 1st October, 2026

                      P.C.:-

                      1)              Learned APP on instructions submits that, the trial in Sessions

                      Case No. 356 of 2023 has already been commenced by learned Additional

                      Sessions Judge, Bhiwandi and as of today, PW-1 is in the witness box.

                      2)              In view of the above, Petition has become infructuous and is

                      accordingly disposed off.



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     TSB                                                 21-ia-2069-2026.doc




3)            In view of disposal of Petition, Interim Application filed therein

is also accordingly disposed off.



           (KAMAL KHATA, J.)                   (A.S. GADKARI, J.)




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