Bombay High Court

GOPINATH S/O. MANIKRAO SHELKEversusASARAM S/O. BHAGWANRAO JARHAD AND OTHERS

Disposal: DISPOSED OFF
Bench: ABHAY MANTRI

Holding

The writ petition is dismissed as infructuous because the underlying criminal case has been dismissed.

Summary

The petitioner, Gopinath Manikrao Shelke, filed a criminal writ petition challenging the conduct of respondents. The petition was based on an earlier criminal proceeding, RCC No. 413 of 2015, pending before the Judicial Magistrate First Class Court‑4, Jalna. That original case was dismissed on 11 September 2025 for want of prosecution. The High Court examined whether the writ petition could continue in view of the dismissal. It held that with the substantive case dismissed, the writ petition became infructuous and therefore could not proceed. Consequently, the court disposed of the petition as infructuous.

Issues considered

Whether a criminal writ petition remains maintainable after the dismissal of the underlying criminal proceeding for want of prosecution?

Subjects

criminal procedure
dismissal for want of prosecution
infructuous petition
writ petition
High Court jurisdiction

Judgment

2026:BHC-AUG:16812
                                                                               906-CRWP-2061-19.odt




                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                          CRIMINAL WRIT PETITION NO. 2061 OF 2019

          Gopinath Manikrao Shelke                                   ..PETITIONER
                VERSUS
          Asaram Bhagwanrao Jarhad and Others                        ..RESPONDENTS

                                                 ....
          Mr. A.N. Irpatgire, Advocate h/f Mr. V.M. Maney, Advocate for the petitioner.
          Mr. A.R. Kawade, Advocate for respondents
                                                 ....

                                                       CORAM : ABHAY J. MANTRI, J.
                                                       DATE : 18th APRIL, 2026

          PER COURT :

          .          On perusal of the office note as well as the record, at the outset, it

          appears that the original proceeding, i.e., R.C.C. No. 413 of 2015, pending

          before the Court of J.M.F.C.-4, Jalna, was dismissed for want of prosecution on

          11th September, 2025. In view of the dismissal of the original proceeding, this

          petition becomes infructuous.



          2.         Thus, considering the office note and order dated 11 th September,

          2025, passed by the learned J.M.F.C.-4, Jalna, below Exhibit 1 in R.C.C. No.

          413 of 2015, Criminal Writ Petition is disposed of as infructuous.




                                                                ( ABHAY J. MANTRI, J. )
          SSD

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