Bombay High Court

MAHADEO VITTHAL KOLI THROUGH POA HOLDER KRISHNA VITTHAL KOLIversusTHE STATE OF MAHARASHTRA AND ORS.

Decided: 14 August 2026
Disposal: Disposed Off

Holding

The writ petition is dismissed as having become infructuous.

Summary

Mahadeo Vitthal Koli, through his POA holder, filed a criminal writ petition before the Bombay High Court. No representative appeared for the petitioner. The respondent State of Maharashtra submitted that the underlying criminal matter before the Additional Chief Judicial Magistrate had been dismissed for default, rendering the petition infructuous. The court accepted the respondent's submission and took the magistrate's order on record. Consequently, the High Court dismissed the writ petition as infructuous.

Issues considered

What is the appropriate disposition of a writ petition when the underlying criminal proceeding has been dismissed for default, making the petition infructuous?

Subjects

writ petition
criminal appellate jurisdiction
infructuous
default dismissal
Bombay High Court

Judgment

                                                                           7-WP-2243-2019 (CR).doc


       Shubhada S Kadam

                                 IN THE HIGH COURT of JUDICATURE AT BOMBAY
                                       CRIMINAL APPELLATE JURISDICTION

                                         CR. WRIT PETITION NO. 2243 of 2019

                      Mahadeo Vitthal Koli Through
                      Poa Holder Krishna Vitthal Koli                           ...Petitioner/s
                      Versus
                      The State of Maharashtra and ors.                         ...Respondent/s

                      ________________________________________________________________

                      None for Petitioner.
                      Ms. Ranjana D. Humane, APP for Respondent No.1-State.
                      Ms. Amisha Jain i/b. MDP Associates, Advocates for Respondent
                      Nos.2 to 5.
                      _________________________________________________________________

                                                          CORAM       :   SHIVKUMAR DIGE, J.
                                                          DATE        :   14th AUGUST, 2026.
                      P.C. :

                      1.         None present for the petitioner.

                      2.         Learned counsel for the respondent submits that the petition

                      has become infructuous as the matter pending before the learned

                      Magistrate Court has been dismissed for default. She tendered xerox copy

                      of the order of the learned Additional Chief Judicial Magaistrate, which is

                      taken on record.

                      2.         In view of the submission of learned counsel for the respondent,

                      the petition is dismissed as having become infructuous.

SHUBHADA
SHANKAR
KADAM
Digitally signed by                                                 (SHIVKUMAR DIGE, J.)
SHUBHADA SHANKAR
KADAM
Date: 2026.08.20
11:44:51 +0530



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