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Bombay High Court

CHANDRAHAS S/O EKNATH TAREversusTHE STATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

The petition is infructuous and dismissed because the cause of action has expired due to the efflux of time.

Summary

Chandrahas filed a writ petition before the Bombay High Court challenging the State of Maharashtra. The Court examined whether the petition could be entertained despite the passage of time. It held that the cause of action had become extinct due to the efflux of time. Consequently, the petition was deemed infructuous. The Court disposed of the petition accordingly.

Issues considered

  • Whether the writ petition is maintainable when the cause of action has expired due to lapse of time

Subjects

  • limitation
  • writ petition
  • cause of action
  • infructuous
  • high court

Judgment

DTG                                                          47-wp17.2019.doc



                IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                      CRIMINAL APPELLATE JURISDICTION

                         WRIT PETITION NO. 17 OF 2019

Chandrahas S/o. Eknath Tare                                … Petitioner
         V/s.
The State of Maharashtra                                   … Respondent
                   _______________________________________

Mr. Abdullah Shaikh i/b Mr. Ashok M. Saraogi for Petitioner.

Smt. P. P. Shinde, A.P.P. for Respondent-State.
                  _______________________________________

                            CORAM : A. S. GADKARI AND
                                    KAMAL KHATA, JJ.
                            DATE  : 17th June 2026

P.C. :

1)              Record indicates that, due to efflux of time, the cause of action

for filing Petition does not survive and the Petition has become infructuous.

2)              Disposed off as infructuous.




                ( KAMAL KHATA, J. )                  ( A.S. GADKARI, J. )




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