Bombay High Court

PRAMOD ANANDA THUBEversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF

Holding

The court held that there was no basis to entertain either petition, as the arrest issue was moot and the investigation was already underway, leading to the disposal of both petitions.

Summary

The petitioner sought a court order directing the arrest of two accused, Suvarna Sandip Kotkar and Audumbar Balasaheb Kotkar, in a 2018 murder case (IPC Sec. 302) and, in a separate petition, the constitution of a Special Investigating Team for the same case. The court noted that Suvarna had already obtained pre‑arrest bail and Audumbar was absconding, rendering the first petition moot. Regarding the second petition, the court observed that a charge‑sheet had already been filed against 11 of the 31 alleged perpetrators and that investigations on the remaining suspects were ongoing, so a Special Investigating Team was unnecessary. Consequently, the court disposed of both petitions, finding no surviving cause of action. The orders were pronounced by Judges Sandipkumar C. More and Vaishali Patil‑Jadhav of the Bombay High Court, Aurangabad Bench.

Issues considered

Whether the court should issue a direction for the arrest of the accused when one has bail and the other is absconding
Whether a Special Investigating Team should be constituted when a charge‑sheet is already filed and investigation is ongoing

Legislation cited

Indian Penal Code, 1860 — s. 302

Subjects

criminal procedure
arrest
pre‑arrest bail
absconding accused
special investigating team
charge sheet
petition disposed

Judgment

                                 (1)
                                       915- Cri. W. P. 179-21 & 1568-2023.odt



         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    BENCH AT AURANGABAD

          915 CRIMINAL WRIT PETITION NO. 179 OF 2021

                   PRAMOD ANANDA THUBE
                          VERSUS
           THE STATE OF MAHARASHTRA AND OTHERS

                                …..
      APP for Respondents: Mr. G.A. Kulkarni
                                .....

                           WITH
             CRIMINAL WRIT PETITION NO. 1568 OF 2023
                                   …..
      Advocate for the Petitioner : Mr. Umesh Mitkari h/f Mr. M.S.
                                    Kulkarni
      APP for Respondents: Mr. G.A. Kulkarni
                                     .....


                  CORAM :      SANDIPKUMAR C. MORE, &
                               VAISHALI PATIL-JADHAV, J.J.

                  DATED :      SEPTEMBER 29, 2026

ORDER

ORDER IN CRIMINAL WRIT PETITION NO. 1719 OF 2021

1.    None for the petitioner. However, record shows that the petition

is filed for direction for arresting the accused Suvarna Sandip Kotkar

and Audumbar Balasaheb Kotkar in Crime No. 136 of 2018 registered

with Kotwali Police Station, Ahmednagar for the offence punishable

under Section 302 and other sections of Indian Penal Code.         The

order dated 8th March 2021 passed by this Court clearly indicates that
                                  (2)
                                        915- Cri. W. P. 179-21 & 1568-2023.odt
the Investigating Officer in the aforesaid crime has submitted

supplementary charge-sheet against the aforesaid two accused

persons.



2.    The learned A.P.P. pointed out that out of these two accused,

accused Suvarna Sandip Kotkar has already secured pre-arrest bail

from the concerned Sessions Court and the remaining accused i.e.

Audumbar Balasaheb Kotkar is absconding. He submits that as and

when he will be found, he will be arrested.



3.    Under such circumstances, nothing survives in this petition and

it stands disposed of.

ORDER IN CRI. W.P. 1568 of 2023



4.    Heard.



5.    Though the petition is for direction to constitute a Special

Investigating Team for further investigation of Crime No. 136 of 2018

of Kotwali Police Station, Ahmedngar, but the report of Resource

Personnel of this Court clearly indicates that the charge sheet is

already filed in this matter against 11 accused out of 31 names

mentioned in the F.I.R.
                                  (3)
                                        915- Cri. W. P. 179-21 & 1568-2023.odt
6.      The learned A.P.P., on instructions submits that in respect of

remaining accused, further investigation is still going on and if it is

found    that these persons are involved            in the     crime,   then

supplementary charge sheets will be filed against them.



7.      In view of the same, nothing survives in this petition and it

stands disposed of.



(VAISHALI PATIL-JADHAV)             (SANDIPKUMAR C. MORE)
      JUDGE                                 JUDGE

YSK/

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