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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 No substantive merits of the original challenge were examined as the petition was withdrawn.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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