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 Court dismissed the writ petition as infructuous upon the petitioner's request and the respondent's lack of opposition.

Summary

The petitioner, Vinayak Core Unit Proprietary Firm, filed a criminal writ petition seeking a writ under Article 227 to quash an order dated 20‑02‑2021 passed by the District and Sessions Judge‑5, Kolhapur in Criminal Appeal No. 3 of 2020. The relief sought was the setting aside of the impugned order arising from S.C.C. Case No. 687 of 2016. 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. Accepting the petitioner's statement and noting the lack of opposition, the Court dismissed the petition as infructuous.

Issues considered

Whether the writ petition seeking to quash the impugned order should be entertained in view of the petitioner's claim of infructuity

Subjects

writ petition
Article 227
quash order
infructuous petition
criminal appellate jurisdiction
dismissal

Judgment

3-WP-1464-2021 (CR).docx

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

CRIMINAL APPELLATE JURISDICTION

CR. WRIT PETITION NO. 1464 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. Nitin B. Patil, 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.

Patil, 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 District

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3-WP-1464-2021 (CR).docx

and Sessions Judge-5, Kolhapur in Criminal Appeal No. 3 of
2020 arising from Judgment dated 29/11/2019 passed in
S.C.C Case No. 687 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. Patil, 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
SHIVAHAR
OMKAR KUMBHAKARN
SHIVAHAR
KUMBHAKARN Date:
2026.09.03
20:23:07
+0530

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