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 seeking a writ under Article 227 of the Constitution to quash an order dated 20‑02‑2021 passed by the District and Sessions Judge‑5, Kolhapur in Criminal Appeal No. 2 of 2020. The petitioner later informed the court that the petition had become infructuous and requested its disposal. The respondent State, through its A.P.P., did not oppose this request. The Court, after hearing counsel, held that the petition was indeed infructuous and dismissed it accordingly. No substantive merits of the original challenge were examined as the petition was withdrawn.
Issues considered
- Whether the writ petition seeking quash of the impugned order under Article 227 is infructuous and should be dismissed
- Whether the Court may dismiss a petition as infructuous upon the petitioner's request
Subjects
- writ petition
- Article 227
- infructuous petition
- criminal appellate jurisdiction
- quash order
Judgment
3-WP-1463-2021 (CR).docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CR. WRIT PETITION NO. 1463 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. S. Chaudhari, 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.
Chaudhari, 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-1463-2021 (CR).docx
District and Sessions Judge-5, Kolhapur in Criminal Appeal
No. 2 of 2020 arising from Judgment dated 29/11/2019
passed in S.C.C Case No. 686 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. Chaudhari, 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
20:21:36 +0530
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