Bombay High Court

CHANDAN LUNAWAT AND ANRversusTHE STATE OF MAHARASHTRA AND ANR

Decided: 27 February 2026
Disposal: Disposed Off
Bench: A S GADKARI SHYAM C CHANDAK

Holding

The petition is deemed infructuous and is disposed of.

Summary

Petitioner No.1 died during the pendency of the writ petition, leading the petitioner to argue that the petition should abate. The court examined the record and noted that, irrespective of the death, the petition had become infructuous due to the lapse of time. Consequently, the court held that the petition could no longer proceed. The petition was therefore disposed of as infructuous. No substantive merits of the underlying criminal matter were addressed.

Issues considered

Does the death of a petitioner during pendency abate the writ petition?
Is a writ petition considered infructuous due to the passage of time?

Subjects

writ petition
abate
infructuous
death of petitioner
criminal appellate jurisdiction

Judgment

DTG                                                              25-Wp-2441-2015.doc



                IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                       CRIMINAL APPELLATE JURISDICTION

                          WRIT PETITION NO. 2441 OF 2015

Chandan Lunawat & Anr.                                       … Petitioners
         V/s.
The State of Maharashtra & Ors.                              … Respondents
                    _______________________________________

Mr. Mayur Tamore i/b Madhusudan Pareek for Petitioners.

Mr. Vinod Chate, A.P.P. for Respondent-State.
                _______________________________________

                             CORAM : A. S. GADKARI AND
                                     SHYAM C. CHANDAK, JJ.
                             DATE  : 27th February 2026

P.C. :

1)              Learned     Advocate for Petitioner submitted that, during the

pendency of present Petition, Petitioner No.1 has passed away and therefore

it stands abated qua him.

1.1)            Perusal of record indicates that, even otherwise, due to passage

of time, Petition has become infructuous.

2)              Petition is accordingly disposed off as infructuous.



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




                                                                                       1/1

Continue reading with your account

Checking your session…