Bombay High Court

THE STATE OF MAHARASHTRAversusBHANUDAS EKNATH KOTHAR

Disposal: DISPOSED OFF
Bench: Y G KHOBRAGADE

Holding

The petition is dismissed as the prayer is infructuous due to the commitment of the case to the Sessions Court.

Summary

The State of Maharashtra filed a criminal writ petition (933 CRW.P. No. 1069 of 2019) seeking relief against the accused Bhanudas Eknath Kothar. The petitioner’s counsel informed the court that the Additional Sessions Court, Ahmednagar had already passed a judgment and order in Criminal Revision No. 166 of 2018, confirming the order of the Judicial Magistrate First Class dated 07.09.2018 in RCC No. 487 of 2018. The case, involving offences under Sections 302, 303, 120(B), 143, 144, 245, 147, 148, 149, 504, 506 of the IPC and Sections 3 and 4/25 of the Arms Act, had been committed to the Sessions Court on 21.01.2022. Consequently, the petitioner's prayer for relief became infructuous. The High Court therefore disposed of the petition as the relief sought could no longer be granted.

Issues considered

What is the effect on a writ petition when the underlying criminal case has been committed to a Sessions Court and the prayer becomes infructuous?

Legislation cited

Arms Act — s. 3, 4/25
Indian Penal Code, 1860 — s. 120(B), 143, 144, 147, 148, 149, 245, 302, 303, 504, 506

Subjects

criminal procedure
writ petition
jurisdiction
commitment to Sessions Court
infructuous prayer
criminal revision

Judgment

                                  1                    933criwp1069.19



           IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                       BENCH AT AURANGABAD

             933 CRIMINAL WRIT PETITION NO. 1069 OF 2019

                     THE STATE OF MAHARASHTRA
                                  VERSUS
                      BHANUDAS EKNATH KOTHAR
                                     ...
                APP for the Petitioner/State : Mr. K.S. Patil
                                     …


                               CORAM : Y.G. KHOBRAGADE, J.
                               DATE : 28.01.2026
PER COURT :


1.           The learned APP Mr. Patil, made a statement that after the
learned Additional Sessions Court, Ahmednagar passed the judgment
and order in Criminal Revision No. 166 of 2018, confirming the order
07.09.2018, passed below Exh. 1, by the learned Judicial Magistrate
First Class, Ahmednagar in RCC No. 487 of 2018, the trial of Cr. No. 136
of 2018, against respondent/accused with Kotwali Police Station,
Ahmednagar, for the offence punishable under Sections 302, 303, 120
(B), 143, 144, 245, 147, 148, 149, 504 and 506 of the Indian Penal Code
and Sections 3 and 4/25 of the Arms Act, has been committed on
21.01.2022 to the Court of Sessions, therefore, prayer clauses do not
survive.


2.           In view of the above, the prayer in the petition has become
infructuous, hence it is disposed of.



                                        ( Y.G. KHOBRAGADE, J.)




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