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Bombay High Court

SNEHAL AMBADAS MERGUversusANAND BAJIRAO UBALE AND ANR

Disposal
Disposed Off

Holding

The petition is dismissed as infructuous.

Summary

Snehal Ambadas Mergu filed a criminal writ petition seeking the High Court to call for the records of a Session Court judgment and a Special Trial Court order, and to quash those orders. The petitioner argued that she had already been acquitted in the Special Trial Court case, rendering the petition unnecessary. The State, represented by an Additional Public Prosecutor, did not oppose the petitioner's request. The Court, noting the petitioner's statement of acquittal, held that the petition was infructuous. Consequently, the Court dismissed the writ petition as infructuous.

Issues considered

  • What is the appropriate disposition of a criminal writ petition when the petitioner has already been acquitted in the underlying case?

Subjects

  • writ petition
  • criminal revision
  • acquittal
  • infructuous
  • dismissal

Judgment

                                                           6-WP-1549-2024 (CR).docx


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

                       CRIMINAL APPELLATE JURISDICTION

                       CR. WRIT PETITION NO. 1549 OF 2024

Snehal Ambadas Mergu                                   … Petitioner
                       Versus
Anand Bajirao Ubale And Anr.                           … Respondents


                                    ——————
Ms. Neha Deshpande i/b. Mr. Onkar Mane 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 Ms. Neha Deshpande, learned Advocate for the Petitioner and

Mr. Nitin 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 Honourable Court be pleased to call for the record and
              proceedings of the order and judgment passed by Hon'ble
              Session Court Solapur at Solapur in Criminal Revision
              Application no. 74 of 2023 dated 18/09/2023 and also order



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                                                                             6-WP-1549-2024 (CR).docx


                                 passed by Ld. Trial court below Exhibit 7 as well as Exhibit 22 of
                                 S.T.C No. 2390 of 2020 dated 28/06/2023 and after going
                                 through same and after satisfying the validity, legality and
                                 propriety be pleased to quash and set aside the same.”


                   3.      Ms. Neha Deshpande, learned Advocate for the Petitioner states that

                   the Petitioner has been acquitted in S.T.C. No. 2390 of 2020 and therefore

                   this Petition is rendered infructuous. She therefore request for disposal of the

                   same.


                   4.      Mr. Nitin 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 Ms. Neha Deshpande, learned

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




                                                          [ ASHWIN D. BHOBE, J. ]

           Digitally signed
           by OMKAR
OMKAR      SHIVAHAR
SHIVAHAR   KUMBHAKARN
KUMBHAKARN Date:
           2026.09.03
           20:33:35 +0530




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