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Bombay High Court

SAYYED JAVED ALI ANSAR ALIversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal
DISPOSED OFF

Holding

The petition is dismissed as the subject matter is already pending before a criminal court.

Summary

Petitioner Sayyed Javed Ali Ansar Ali filed a criminal writ petition seeking a direction for an independent inquiry into alleged abetment and registration of charges against proposed accused. No counsel appeared for the petitioner. The Court noted that a criminal proceeding (R.C.C. No. 144 of 2014 concerning FIR No. 161 of 2013) was already pending. Since the matter was already before a criminal court, the petition had no remaining ground. Consequently, the Court disposed of the writ petition.

Issues considered

  • What relief, if any, can a High Court grant in a criminal writ petition when a regular criminal proceeding on the same matter is already pending?

Subjects

  • criminal procedure
  • writ petition
  • pending criminal case
  • independent inquiry
  • abatement

Judgment

2026:BHC-AUG:40393-DB

                                                        919 CRIMINAL WRIT PETITION NO. 22 OF 2021




                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                         919 CRIMINAL WRIT PETITION NO. 22 OF 2021

                                       Sayyed Javed Ali Ansar Ali
                                                 Versus
                                  The State Of Maharashtra And Others

                   __________________________________________________________
                   Adv. Menezes Joslyn A. for the Petitioner - Absent
                   Ms. M. N. Ghanekar, A.P.P. for State
                   __________________________________________________________

                                     CORAM      : SANDIPKUMAR C. MORE AND
                                                  VAISHALI PATIL-JADHAV, JJ.

                                     DATE       : SEPTEMBER 02, 2026

                   PER COURT :

                   1)             None appears for the petitioner.

                   2)             Although the petition is filed seeking direction
                   to conduct independent enquiry into the alleged crime of
                   abetment and to register the offence against the proposed
                   accused, the report of Resource Personnel of this Court
                   dated    01.09.2026      clearly   indicates      that      R.C.C.       No.
                   144 of 2014 relating to the F.I.R. bearing Crime No.
                   161 of 2013 is already pending.

                   3)             In view of the above, nothing survives in the
                   present petition. Criminal Writ Petition, therefore, stands
                   disposed of.


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

                   Komal Kamble                                                    Page| 1 of 1


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