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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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