Bombay High Court

BABAN GAMBHIR TADVIversusTHE STATE OF MAHARASHTRA AND ANR

Disposal: DISPOSED OFF
Bench: RAJNISH R VYAS

Holding

The petition is infructuous and is therefore disposed of.

Summary

The petitioner, Baban Gambhir Tadvi, filed a criminal writ petition before the Bombay High Court, Aurangabad Bench, challenging the criminal prosecution arising from the FIR. The petitioner argued that the prosecution had already resulted in his acquittal, rendering the petition unnecessary. The respondent State of Maharashtra, represented by Mr. V.S. Badakh, opposed the petition. The Court examined whether the writ petition remained maintainable after the acquittal. Finding that the acquittal made the petition moot, the Court held the petition to be infructuous and disposed of it accordingly.

Issues considered

What is the appropriate disposition of a criminal writ petition when the petitioner has already been acquitted in the underlying criminal case?

Subjects

criminal writ petition
acquittal
infructuous
High Court
jurisdiction

Judgment

2026:BHC-AUG:12527-DB
                                                                           937-CRWP-1119-19.odt




                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                            CRIMINAL WRIT PETITION NO. 1119 OF 2019

          Baban Gambhir Tadvi                                     ..PETITIONER
                VERSUS
          State of Maharashtra and Another                        ..RESPONDENTS

                                               ....
          Mr. V.S. Badakh, A.P.P. for respondent no.1 – State
                                               ....

                                                       CORAM : RAJNISH R. VYAS, J.
                                                       DATE : 24th MARCH, 2026

          PER COURT :

          .          Learned counsel for the petitioner submits that the criminal

          prosecution arising out of the impugned F.I.R. has resulted into acquittal of

          the petitioner/ accused, and therefore, the petition has become infructuous.



          2.         In that view of the matter, criminal writ petition stands disposed of

          as infructuous.




                                                             ( RAJNISH R. VYAS, J. )
          SSD




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