Bombay High Court

SHAIKH GAUS S/O. SHAIKH AMIR @ GAUS ZAINversusTHE STATE OF MAHARASHTRA AND ANR

Disposal: DISPOSED OFF
Bench: RAJNISH R VYAS

Holding

The petition is infructuous and is therefore disposed.

Summary

The petitioner, Shaikh Gaus Shaikh Amir, filed a criminal writ petition challenging the criminal prosecution arising from the FIR. The trial court acquitted the petitioner. The petitioner argued that the petition should be dismissed as the matter was already decided. The Court noted that the acquittal rendered the writ petition infructuous. Consequently, the Court disposed of the petition as infructuous. No further relief was granted.

Issues considered

Whether a criminal writ petition remains maintainable after the petitioner has been acquitted in the underlying criminal case?

Subjects

criminal writ
acquittal
infructuous
petition disposed

Judgment

2026:BHC-AUG:12526-DB
                                                                           938-CRWP-1208-19.odt




                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                            CRIMINAL WRIT PETITION NO. 1208 OF 2019

          Shaikh Gaus Shaikh Amir @ Gaus Zain                     ..PETITIONER
                VERSUS
          State of Maharashtra and Another                        ..RESPONDENTS

                                                 ....
          Mr. A.S. Barlota, Advocate for petitioner
          Mr. S.N. Morampalle, 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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