Bombay High Court

THE PRESIDENT, MAHARASHTRA SAINIK SHIKSHAN PRASARAK MANDAL JALNA, THROUGH MAROTI BALAJI SHINDEversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF

Holding

The petition is dismissed as the petitioner is deceased and the complaints lack substance.

Summary

The President of Maharashtra Sainik Shikshan Prasarak Mandal Jalna, through the late Maroti Balaji Shinde, filed a criminal writ petition seeking a direction for respondents No.2 and No.3 to investigate respondent No.4 based on complaints made by the petitioner. The court, relying on a report from Resource Personnel, found that the petitioner had died on 23 May 2026. Additionally, the learned Additional Public Prosecutor submitted that the complaints were examined and found to be without substance. In view of the petitioner's death and the lack of merit in the complaints, the court held that there was nothing left to adjudicate. Consequently, the petition was disposed of.

Issues considered

Can a criminal writ petition continue when the petitioner is deceased?
Is the court obligated to direct an investigation when the complaints lack substantive basis?

Subjects

criminal writ petition
investigation direction
death of petitioner
petition dismissed
lack of substance

Judgment

                                 (1)
                                              925- Cri. W. P. 115-2020.odt
          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     BENCH AT AURANGABAD

            CRIMINAL WRIT PETITION NO. 115 OF 2020

  THE PRESIDENT, MAHARASHTRA SAINIK SHIKSHAN PRASARAK
        MANDAL JALNA, THROUGH MAROTI BALAJI SHINDE
                                VERSUS
           THE STATE OF MAHARASHTRA AND OTHERS
                                   …..
Advocate for the Petitioner : Mr. Amjad Pathan & D.r. Kore h/f
                              Mr. R. D. Biradar
APP for Respondents: Mr. A. S. Shinde
                                    ...

                  CORAM :      SANDIPKUMAR C. MORE, &
                               VAISHALI PATIL-JADHAV, J.J.

                  DATED :      August 21, 2026

ORDER:-

1.     The direction in this petition is sought for carrying out the

investigation by respondent Nos. 2 and 3 against respondent No.4 as

per the complaints made by the petitioner. However, as per the report

of Resource Personnel, it is evident that the petitioner Maroti Balaji

Shinde is no more and he has expired on 23.05.2026. Even otherwise

also the learned A.P.P. submits that, the complaints filed by the

petitioner were looked into and no substance was found.

2.     In view of the same, nothing survives in this petition and it

stands disposed of.



(VAISHALI PATIL-JADHAV)            (SANDIPKUMAR C. MORE)
      JUDGE                                JUDGE

YSK/

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