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Bombay High Court

IQBAL AMIRJAM SHAIKHversusSTATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

The petition was dismissed as the cause of action had ceased following the petitioner’s release.

Summary

The petitioner, Iqbal Amirjam Shaikh, filed a criminal writ petition before the Bombay High Court challenging his detention. The respondent, State of Maharashtra, through its Additional Public Prosecutor, submitted that the petitioner had been released from Nashik Road Central Jail on 10 April 2025 pursuant to a Government Order dated 27 March 2025. The court examined whether any cause of action remained for the petition after the release. It held that the petitioner’s detention had already ended, and consequently the petition could not be entertained. Accordingly, the court disposed of the petition for lack of a surviving cause of action.

Issues considered

  • The petition is maintainable after the petitioner’s release from custody.

Subjects

  • criminal writ petition
  • cause of action
  • release from custody
  • petition dismissed
  • procedural disposal

Judgment

HEMANT
CHANDERSEN
SHIV
                           H.C. SHIV                                                    26.w226.25.doc
Digitally signed by
HEMANT
CHANDERSEN SHIV                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Date: 2026.01.17                             CRIMINAL APPELLATE JURISDICTION
10:31:36 +0300


                                         CRIMINAL WRIT PETITION NO.226 OF 2025

                      Iqbal Amirjam Shaikh                             …..Petitioner
                            Vs.
                      State of Maharashtra                             …..Respondent

                                        __________________________________________

                      None for the Petitioner.
                      Mr. J. P. Yagnik, APP for the Respondent-State.
                                     __________________________________________

                                                          CORAM :      A. S. GADKARI AND
                                                                       SHYAM C. CHANDAK, JJ.
                                                             DATE :    8th JANUARY, 2026.


                      P.C.:-

                      1)               Learned APP, on instructions from Senior Jailor, Nashik Road

                      Central Jail, Nashik submitted that, in pursuance of the Government Order

                      dated 27th March 2025, the Petitioner has been released from jail on 10 th

                      April 2025.

                      1.1)             In view of the above, the cause of action for filing Petition does

                      not survive and it is accordingly disposed off.



                                (SHYAM C. CHANDAK, J.)                       (A.S. GADKARI, J.)




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