Bombay High Court
ABDUL SAJID ABDUL GAFFARversusTHE STATE OF MAHARASHTRA AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The criminal writ petition is dismissed as premature and incapable of quashing the ongoing criminal proceedings.
Summary
Abdul Sajid Abdul Gaffar filed a criminal writ petition seeking Rs.20,00,000 compensation for alleged police violation of his fundamental rights and to quash FIR No. 404/2019. The Court noted that the related criminal case (Sessions Case No. 246/2023) is already pending before the District and Sessions Judge, Parbhani, with trial proceedings underway and a next hearing scheduled for 19 December 2026. Since the trial has commenced, the Court held that seeking compensation at this stage is premature and that the petition to quash the criminal proceedings cannot be entertained. Consequently, the writ petition was disposed of without any order for compensation or quashing. The decision underscores that writ petitions cannot intervene in ongoing criminal trials and that compensation claims must await the conclusion of the trial.
Issues considered
- Can compensation for alleged violation of fundamental rights be awarded through a criminal writ petition when the related criminal trial is pending?
- Can the FIR and criminal proceedings be quashed at a stage where the trial has already commenced?
Subjects
- compensation
- fundamental rights
- police misconduct
- criminal proceedings
- writ petition
- premature claim
- quash
- ongoing trial
- jurisdiction
Judgment
2026:BHC-AUG:39031-DB
916 CRIMINAL WRIT PETITION NO. 1395 OF 2020
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
916 CRIMINAL WRIT PETITION NO. 1395 OF 2020
Abdul Sajid Abdul Gaffar
Versus
The State Of Maharashtra And Others
__________________________________________________________
Adv. Kapil V. Morey h/f. Adv. Gadhe Ganesh A. for the
Petitioner
Mr. Rajdeep D. Raut, APP for State
__________________________________________________________
CORAM : SANDIPKUMAR C. MORE AND
VAISHALI PATIL-JADHAV, JJ.
DATE : AUGUST 28, 2026
PER COURT :
1) Though the learned counsel submits that this
petition is preferred for seeking compensation of
Rs.20,00,000/- for violation of the petitioner's fundamental
rights at the hands of the police, and further to quash the
criminal proceedings arising out of FIR No. 404/2019
registered with the New Mondha Police Station, District
Parbhani, the report of the Resource Personnel of this
Court dated 25.08.2026 indicates otherwise.
2) It appears from the report that the said criminal
proceeding, being Sessions Case No. 246/2023, is pending
before the Court of the District and Sessions Judge,
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916 CRIMINAL WRIT PETITION NO. 1395 OF 2020
Parbhani, wherein the petitioner is arraigned as Accused
No. 43. The said Sessions Case is next scheduled on
19.12.2026 for recording evidence before the 3 rd Ad-hoc
District Judge and Additional Sessions Judge, Parbhani.
3) Thus, the prayer for seeking compensation
appears to be premature at this juncture. Furthermore,
since the trial has already commenced, the prayer for
quashing the proceedings does not survive. In view of the
same, the Criminal Writ Petition stands disposed of.
(VAISHALI PATIL-JADHAV) (SANDIPKUMAR C. MORE)
JUDGE JUDGE
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