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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 was dismissed as infructuous.

Summary

Vinayak Core Unit Proprietary Firm filed a criminal writ petition under Article 227 of the Constitution seeking to quash the order dated 20‑02‑2021 passed by the District and Sessions Judge‑5, Kolhapur in Criminal Appeal No. 5 of 2020 arising from S.C.C. Case No. 689 of 2016. The petitioner alleged that the impugned order should be set aside. During the hearing, counsel for the petitioner informed the court that the petition had become infructuous. The respondent State, represented by its Additional Public Prosecutor, did not oppose the request. Accordingly, the Court dismissed the petition as infructuous, without addressing the merits of the original relief sought.

Subjects

  • Article 227
  • writ petition
  • infructuous
  • quash order
  • criminal appeal

Judgment

                                                           3-WP-1466-2021 (CR).docx


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

                      CRIMINAL APPELLATE JURISDICTION

                      CR. WRIT PETITION NO. 1466 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.
Dr. A.A. Takalkar, 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 Dr.

Takalkar, 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-1466-2021 (CR).docx


                                       and Sessions Judge-5, Kolhapur in Criminal Appeal No. 5 of
                                       2020 arising from Judgment dated 29/11/2019 passed in
                                       S.C.C Case No. 689 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.       Dr. Takalkar, 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
           20:24:52 +0530




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