Bombay High Court

SHAIKH RUHEENA W/O. IMRAN SHAIKHversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF

Holding

The petition was dismissed as moot because the husband had already been transferred to the Punishment Ward.

Summary

The petitioner, Shaikh Ruheena, filed a criminal writ petition seeking the transfer of her husband from an Abda (solitary confinement) cell to a regular prison. The Court examined the report of its Resource Personnel, which indicated that the husband had already been moved from solitary confinement to the Punishment Ward on 28 January 2022 following an earlier direction of the Court. Since the relief sought had already been granted, the petition no longer had any operative relief to grant. Consequently, the Court held that there was nothing left to adjudicate and disposed of the petition. The petition was therefore dismissed as moot.

Issues considered

What is the appropriate remedy when a petitioner seeks a prison cell transfer that has already been effected?

Subjects

criminal procedure
prison transfer
solitary confinement
writ petition
mootness

Judgment

                                     (1)
                                                     914 Cri.WP-119.2022.odt
     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                BENCH AT AURANGABAD

      914 CRIMINAL WRIT PETITION NO. 119 OF 2022

           SHAIKH RUHEENA W/O IMRAN SHAIKH
                        VERSUS
         THE STATE OF MAHARASHTRA AND OTHERS

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          Mr. Rupesh Jaiswal, Advocate for the petitioner.
           Mr. A.S. Shinde, A.P.P. for respondents-State.
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                    CORAM : SANDIPKUMAR C. MORE AND
                            VAISHALI PATIL-JADHAV, JJ.

                    DATED       : 16th September, 2026

Per Court :

.     Though the petition is sought for removing the husband

of petitioner from Abda Cell to normal prison, however, the

report of Resource Personnel of this Court clearly indicates

that the husband of petitioner has been transferred from

Solitary Confinement Cell to Punishment Ward on 28.01.2022

as per the direction         of this Court.      In view of the same,

nothing survives in this petition and it stands disposed of.



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




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