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Bombay High Court

MAHESH @ MANISH BHUPAT OZAversusTHE STATE OF MAHARASHTRA AND ORS

Decided
Disposal
Disposed Off

Holding

The petition was dismissed as infructuous because the criminal case had already been quashed by an earlier order.

Summary

Mahesh @ Manish Bhupat Oza filed a writ petition challenging the State of Maharashtra. The respondent's counsel submitted a copy of an order dated 28 October 2015 in which a coordinate bench of the same court had already quashed the criminal case. The court observed that, in view of the earlier quash order, the petition had become infructuous. Consequently, the court disposed of the petition without further hearing. No substantive merits of the petition were considered.

Issues considered

  • What is the effect of a prior quash order on a pending writ petition challenging the same criminal case?

Subjects

  • writ petition
  • quash order
  • criminal appellate jurisdiction
  • petition dismissed
  • infructuous

Judgment

            ssm                                                       34-wp2535.2015.doc

                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                    CRIMINAL APPELLATE JURISDICTION

                                     WRIT PETITION NO. 2535 OF 2015

       Mahesh @ Manish Bhupat Oza                                     …..Petitioner

                          Vs.

       The State Of Maharashtra & Ors.                                …..Respondents

                                   ____________________________________

       None for the Petitioner.
       Mr. Ajay Patil APP, for the Respondent-State.
       Mr. Inamdar, PSI attached to Kalachowki Police Station, Mumbai present.
                         ____________________________________

                                               CORAM :    A. S. GADKARI AND
                                                          KAMAL KHATA, JJ.
                                                 DATE :   4th MARCH, 2026.

       P.C.:-

       1)                 Learned APP on instructions from PSI Mr. Inamdar, attached to

       Kalachowki Police Station, Mumbai submitted that, the crime in question

       has been quashed by the co-ordinate bench of this Court by Order dated

       28th October, 2015. He tendered across the bar a photocopy of the said

       Order. The same is taken on record.

       2)                 In view of the above, present Petition has become infructuous

       and is accordingly disposed off.




                   (KAMAL KHATA, J.)                          (A.S. GADKARI, J.)

                Digitally signed
          by SANJIV
SANJIV    SHARNAPPA                                                                        1/1
SHARNAPPA MASHALKAR
MASHALKAR Date: 2026.03.09
                12:02:05 +0530


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