Bombay High Court

SHAIKH CHAND S/O. SHAIKH GANIversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF
Bench: SANDIPKUMAR C MORE VAISHALI PATIL JADHAV

Holding

The petition is infructuous and disposed of because the petitioner died.

Summary

The petitioner, Shaikh Chand, filed a criminal writ petition in the Bombay High Court. While the petition was pending, the petitioner died. The petitioner’s counsel argued that the petition could no longer be considered. The Court held that the death of the petitioner extinguished the petition’s locus standi, rendering it infructuous. Consequently, the Court disposed of the petition as infructuous. No substantive merits of the original petition were examined.

Issues considered

Whether a criminal writ petition can continue after the death of the petitioner?

Subjects

criminal writ petition
death of petitioner
infructuous
locus standi

Judgment

2026:BHC-AUG:23193-DB


                                           1                 926 WP 226-20

                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                           926 CRIMINAL WRIT PETITION NO. 226 OF 2020

                           SHAIKH CHAND S/O. SHAIKH GANI
                                         VERSUS
                      THE STATE OF MAHARASHTRA AND OTHERS
                                            ...
            Mr. Ade Ravindra B., Advocate for the Petitioner
            Mr. S. B. Jadhav, APP for Respondent-State
                                            ….

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

                                         DATED : 12/06/2026
            P. C. :

                         Learned counsel for the petitioner, on instructions, submits
            that during the pendency of the present petition, the petitioner has
            expired. Consequently, nothing survives for consideration in the
            petition.         Accordingly, the petition stands disposed of as being
            infructuous.




            ( VAISHALI PATIL-JADHAV, J. ) ( SANDIPKUMAR C. MORE, J. )

            VS Maind/-

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