Bombay High Court

YOGESH VALJI AHIRRAO AND OTHERSversusTHE STATE OF MAHARASHTRA AND ANR

Disposal: DISPOSED OFF
Bench: RAJNISH R VYAS

Holding

The petition was held to be infructuous and was disposed of.

Summary

The petitioners filed a criminal writ petition challenging an FIR that led to criminal prosecution. The accused were acquitted by the Judicial Magistrate First Class, Dhule on 06-10-2023. The respondents' counsel argued that, since the accused were acquitted, the petition had become infructuous. The Court agreed, holding that the petition could no longer be entertained. Consequently, the petition was disposed of as infructuous, and any pending applications were also dismissed.

Issues considered

Whether a criminal writ petition remains maintainable after the accused have been acquitted?

Subjects

writ petition
infructuous
acquittal
criminal procedure

Judgment

                                (1)                      920criwp165.20

            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       BENCH AT AURANGABAD

             920 CRIMINAL WRIT PETITION NO. 165 OF 2020

                     YOGESH VALJI AHIRRAO AND OTHERS
                                                    ….Petitioners
                                  VERSUS

                   THE STATE OF MAHARASHTRA AND ANR
                                                  …..Respondents
                                  WITH
                  CRIMINAL APPLICATION NO. 2560 OF 2021
                              IN WP/165/2020

Mr. V. V. Jahagirdar, APP for the respondents/State

                          CORAM : RAJNISH R. VYAS, J.
                            DATE : 10th APRIL, 2026


PER COURT :

1.                 Learned APP submitted that the FIR impugned has
resulted into initiation of criminal prosecution and ultimately
acquittal of the accused persons, vide order dated 06-10-2023 passed
by the Judicial Magistrate First Class, Dhule in RCC No. 75/2020.
Therefore, the petition has become infructuous.

2.               In view of the above, the petition is disposed off as
infructuous.

3.               In view of disposal of the petition, pending applications,
if any, stand disposed off.



                                          [RAJNISH R. VYAS, J. ]

VishalK/920criwp165.20



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