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Bombay High Court

KASHMIRA SANDIP PAWARversusTHE UNION OF INDIA AND ORS

Disposal
Disposed Off

Holding

The petition is dismissed as infructuous because the charge‑sheet has been filed.

Summary

The petitioner, Philip John Bhambal, filed a writ petition challenging certain actions of the Union of India. After the High Court directed the investigation to be transferred to the crime branch, the investigating agency filed a charge‑sheet. The petitioner’s counsel argued that, in view of the charge‑sheet, the petition had become moot. The Court examined whether the filing of a charge‑sheet rendered the writ petition infructuous. Finding that the substantive relief sought could no longer be granted, the Court held the petition to be infructuous. Consequently, the petition and any pending applications were disposed of.

Issues considered

  • Whether a writ petition becomes infructuous after the investigation is transferred and a charge‑sheet is filed

Subjects

  • writ petition
  • infructuous
  • charge-sheet
  • investigation transfer
  • criminal procedure

Judgment

                                                                                          39-WP-564-2026 (CR).doc



                                      IN THE JUDICATURE OF HIGH COURT AT BOMBAY
                                               CIRCUIT BENCH AT KOLHAPUR
                                            CRIMINAL APPELLATE JURISDICTION

                                                WRIT PETITION NO. 564 OF 2026

                      Philip John Bhambal                                     ..… Petitioner
                             VERSUS
                      The Union of India & Ors                                ..… Respondents
                                                       WITH
                                      INTERIM APPLICATION NO. 443 OF 2026
                                                        IN
                                          WRIT PETITION NO. 564 OF 2026
                                                        …
                      Mr. Hande Sachin, (Through VC) Advocate for Petitioner.

                      Mr. Shridhar A. Patil, Advocate for Respondent No. 1-Union of India.

                      Ms. Mahalakshmi Ganapathy, Additional PP for Respondent-State.
                                                         ...
                                                    CORAM : RAJESH S. PATIL AND
                                                                ABHAY J. MANTRI, JJ.
                                                    DATE      : 29 AUGUST 2026.
                      P. C. :

                      1.          Mr. Hande, learned Counsel appearing for the Petitioner submits that

                      after directions of this Court the investigation has been transferred to the

                      crime branch. He further submits that charge-sheet has already been filed.

                      Therefore, the Petition has now become infructuous.

                      2.        In view of the above, the Petition stands disposed of as infructuous.

                      3.        In sequel, all pending applications, if any, also stand disposed of.



         Digitally
         signed by
         TALLE
TALLE    SHUBHAM
SHUBHAM ASHOKRAO
ASHOKRAO Date:                  (ABHAY J. MANTRI, J.)                  (RAJESH S. PATIL, J.)
         2026.08.31
         14:34:11
         +0530



                      Shubham                                  1


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