Bombay High Court

VINAYAK CORE UNIT PROPRIETARY FIRM THROUGH PROP. SANDIP S/O BALU SHEWALEversusGOURAV S/O ARJUN PATIL AND ANR

Disposal: Disposed Off

Holding

The petition is dismissed as infructuous.

Summary

The petitioner, Vinayak Core Unit Proprietary Firm, filed a criminal writ petition under Article 227 of the Constitution seeking to quash an order dated 20‑02‑2021 passed by the District and Sessions Judge, Kolhapur, in Criminal Appeal No. 1 of 2020. During the hearing, the petitioner’s counsel informed the court that the petition had become infructuous and requested its disposal. The respondent State, through its counsel, did not oppose this request. The court considered the petitioner's declaration of infructuity and the lack of opposition from the respondent. Consequently, the court dismissed the writ petition as infructuous, thereby disposing of the matter without addressing the merits of the original relief sought.

Issues considered

Whether the writ petition seeking quash of the impugned order should be entertained or dismissed as infructuous

Subjects

writ petition
Article 227
quash order
infructuous petition
dismissal

Judgment

3-WP-1462-2021 (CR).docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR

CRIMINAL APPELLATE JURISDICTION

CR. WRIT PETITION NO. 1462 OF 2021

Vinayak Core Unit Proprietary Firm, … Petitioner
Through Prop. Sandip S/o Balu Shewale
Versus
Gourav S/o Arjun Patil & Anr. … Respondents

——————
Mr. Yogesh P. Morbale for the Petitioner.
Mr. S.H. Yadav, A.P.P. for the Respondent No.2-State.
——————

Coram : ASHWIN D. BHOBE, J.

Date : 3rd September 2026.

PER COURT :

1. Heard Mr. Yogesh Morbale, learned Advocate for the Petitioner and Mr.

Yadav, learned A.P.P. for the Respondent No.2-State.

2. By the present Petition, the Petitioner has sought for the following

substantive relief.

“a) This Hon'ble Court by issuing appropriate writ, order and by
exercising powers under Article 227 of the Constitution of
India be pleased to quash and set aside the Impugned
Impugned order dated 20/2/2021 passed by Hon'ble Add.

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3-WP-1462-2021 (CR).docx

District and Sessions Judge, Kolhapur in Criminal Appeal No.
1 of 2020 arising from Judgment dated 29/11/2019 passed
in S.C.C Case No. 685 of 2016.”

3. Mr. Yogesh Morbale, learned Advocate for the Petitioner submits that

this Petition is rendered infructuous and therefore seeks disposal of the same.

4. Mr. Yadav, learned A.P.P. for the Respondent No.2-State does not oppose

the said request.

5. In view of the statement made by Mr. Yogesh Morbale, learned

Advocate for the Petitioner, this Petition is dismissed as infructous.

[ ASHWIN D. BHOBE, J. ]

Digitally signed
by OMKAR
OMKAR SHIVAHAR
SHIVAHAR KUMBHAKARN
KUMBHAKARN Date:
2026.09.03
20:22:18 +0530

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