Bombay High Court
ABDUL KHALEQ PAINTER S/O. MOHAMAD MUSAversusTHE STATE OF MAHARASHTRA
- Disposal
- DISPOSED OFF
Holding
The petition was dismissed as there was no surviving issue to adjudicate.
Summary
Abdul Khaleq Painter filed a criminal writ petition seeking a direction to the Chief Judicial Magistrate First Class, Beed, to decide an application dated 20 April 2017 in RCC No. 430 of 2012. The petitioner failed to appear before the court and did not pursue the matter after filing the petition. The court observed that the pending application was likely already decided by the magistrate and that the petitioner's inaction left no live issue. Consequently, the court held that nothing survived in the petition. The writ petition was therefore disposed of.
Issues considered
- Whether the writ petition should be entertained when the petitioner has not appeared and the underlying application appears to have been decided?
Subjects
- criminal writ petition
- non-appearance
- disposal of petition
- jurisdiction
- magistrate decision
Judgment
2026:BHC-AUG:41749-DB
1 915 CRIMINAL WRIT PETITION NO. 180 OF 2021
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
915 CRIMINAL WRIT PETITION NO. 180 OF 2021
ABDUL KHALEQ PAINTER S/O. MOHAMAD MUSA
VERSUS
THE STATE OF MAHARASHTRA
...
Adv. R. C. Bora h/f Adv. A. R. Tapse, Advocate for the Petitioner
Adv. U. S, Bhosale, APP for Respondents-State
...
CORAM : SANDIPKUMAR C. MORE AND
VAISHALI PATIL-JADHAV, JJ.
DATED : 09/09/2026
Per Court:
. Though the learned counsel holding for Mr.Tapse seeks time
to take instructions, but this petition appears to have been filed for
a direction to the concerned Chief Judicial Magistrate First Class,
Beed to decide the application dated 20.04.2017 in R.C.C.No 430
of 2012. The record shows that after filing this petition, the
petitioner never turned up and also did not circulate the matter till
today. Even otherwise also, the aforesaid application might have
been decided by the concerned Chief Judicial Magistrate First
Class, Beed.
2. As such, nothing survives in this petition and it stands
disposed of.
2 915 CRIMINAL WRIT PETITION NO. 180 OF 2021
Later on.
3. Adv. Ashok R. Tapse is appearing for petitioner.
( VAISHALI PATIL-JADHAV, J. ) ( SANDIPKUMAR C. MORE, J. )
shivani/
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