Bombay High Court

SANTOSH BHAUSAHEB NALAVADE AND ORSversusTHE STATE OF MAHARASHTRA AND ORS

Disposal: Disposed off as Withdrawn
Bench: SANDESH D PATIL

Holding

The court disposed of the writ petition due to the absence of any material for consideration.

Summary

The petitioners filed a criminal writ petition seeking relief, but the prosecution filed summary proceedings in the case. The petitioners argued that the summary proceedings should be considered, yet no substantive material remained for the court's review. The court noted that, in the absence of any surviving documents or evidence, there was nothing to consider on the petition. Consequently, the court granted the petitioners liberty to apply again if the summary filed by the prosecution is not accepted. In view of the lack of material, the court disposed of the writ petition.

Issues considered

What is the appropriate course of action when summary proceedings are filed and no material remains for consideration in a criminal writ petition?

Subjects

summary proceedings
criminal writ petition
disposal
lack of material

Judgment

                                                           45-WP-2096-2021 (CR).doc




            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIRCUIT BENCH AT KOLHAPUR
                   CRIMINAL APPELLATE JURISDICTION

            CRIMINAL WRIT PETITION NO. 2096 OF 2021
Santosh Bhausaheb Nalavade & Ors.          .....Petitioners
      VS
State of Maharashtra & Ors.                .....Respondents
                                ...
Mr. Rushikesh Chandrashekhar Barge (through V.C.), for the Petitioners.

Ms. Priyanka Rane, A.P.P., for the Respondent-State.
                                     ...

                                        CORAM: SANDESH D. PATIL, J.
                                        DATED: 6th AUGUST 2026.
P. C. :

1.        Learned Counsel for the Petitioners submits that ‘C Summary’

proceedings are filed in this matter. In lieu of this, nothing survives for

consideration in this Petition. Liberty to the Petitionerw to apply, in case

the Court does not accept the summary filed by the Prosecution.



2.        In view of above, Writ Petition No.2096 of 2021 stands disposed

of.




                                                  (SANDESH D. PATIL, J.)




Manisha
                                    1
               Digitally signed
           by MANISHA
MANISHA    BALKRISHNA
BALKRISHNA TALEKAR
TALEKAR    Date: 2026.08.07
               18:54:30 +0530

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