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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