Bombay High Court

HARIDAS MAHADEV KHANDE AND OTHERSversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal: DISMISSED

Holding

The petition is dismissed as infructuous because the acquittal eliminates any surviving cause of action.

Summary

The petitioners, Haridas Mahadev Khande and others, filed a criminal writ petition (No. 1175 of 2024) before the Bombay High Court, Aurangabad Bench, challenging a decision. Their counsel informed the court that the petitioners had already been acquitted by an order dated 15 June 2026 in RCC No. 591/2023, and submitted a photocopy of that order. The court noted that, given the acquittal, there was no surviving cause of action in the writ petition. Consequently, the court held that the petition was infructuous and dismissed it. The dismissal was entered without any further hearing or substantive consideration of the merits.

Issues considered

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

Subjects

criminal procedure
writ petition
acquittal
infructuous petition
high court

Judgment

                                  -1-
                                                      criwp1175.24.odt

       IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                   BENCH AT AURANGABAD

         942 CRIMINAL WRIT PETITION NO. 1175 OF 2024

Haridas Mahadev Khande & others                   ….Petitioners

VERSUS

The State of Maharashtra & another                …..Respondents

Mr. A. L. Kanade, Advocate for the Petitioners.
Mr. S. B. Jadhav, APP for the State.

                                CORAM : R. M. JOSHI, J.
                                DATE : 16th SEPTEMBER, 2026.
PER COURT :


1.     Mentioned out of turn.

2.    Learned Counsel for Petitioners, on instructions, makes a

statement that the Petitioners are already acquitted by order dated

15.06.2026 passed in RCC No. 591/2023.               Photocopy of the

order/judgment is taken on record and marked ‘X’ for identification.

He, therefore, submits that nothing survives in the petition.

3.    In view of the above, petition stands dismissed as infructuous.



                                                  ( R. M. JOSHI, J.)

dyb

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