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Bombay High Court

SHRINIWAS MARIYANNA KRISHNAKAR AND ORSversusTHE STATE OF MAHARASHTRA AND ANR

Disposal
Disposed Off

Holding

The petition is dismissed as infructuous because the petitioners have been acquitted in the regular criminal case.

Summary

The petitioners failed to appear before the Bombay High Court in a criminal writ petition filed in 2019. The court noted that the regular criminal case (No. 591 of 2019) had been decided by the Judicial Magistrate First Class, Solapur on 10 July 2024, acquitting the petitioners of all charges. The learned Assistant Public Prosecutor submitted that, in view of this acquittal, the writ petition had become infructuous. The court verified the judgment from the official court website and accepted the submission. Consequently, the court held that there was nothing left to consider and disposed of the petition as infructuous.

Issues considered

  • Whether a criminal writ petition remains maintainable after the petitioners have been acquitted in the regular criminal case

Subjects

  • writ petition
  • infructuous
  • acquittal
  • criminal procedure
  • High Court

Judgment

                                                                                         2-WP-2633-2019 (CR).odt




                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                          CIRCUIT BENCH AT KOLHAPUR
                                       CRIMINAL APPELLATE JURISDICTION

                                      CRIMINAL WRIT PETITION NO. 2633 OF 2019

                      Shriniwas Mariyanna Krishnakar and others              ]     Petitioners

                                 versus

                      The State of Maharashtra and another             ]      Respondents
                                                           .....
                      None for the Petitioners.
                      Mr. Anand S. Shalgaonkar, A.P.P., for Respondent No.1 – State.
         Digitally
                                                           .....
         signed by
         SHAILAJA
SHAILAJA SHRIKANT
SHRIKANT HALKUDE
HALKUDE Date:                                             CORAM : ABHAY J. MANTRI, J.
         2026.10.08
         19:07:02
         +0530
                                                          DATE  : OCTOBER 08, 2026
                      PER COURT :

                      1.              None appears for the Petitioners either in the Court Hall or

                      through video conferencing mode when the matter is called out.

                      2.              Perused the record. It appears that this Petition has been pending

                      since the year 2019. However, the Petitioners appear to have taken no steps

                      to prosecute the matter.

                      3.              Learned A.P.P. submits that Regular Criminal Case No.591 of

                      2019 came to be disposed of by the learned Judicial Magistrate First Class,

                      Solapur, vide judgment dated 10th July 2024, whereby the Petitioners came to

                      be acquitted of the offences with which they were charged. It is, therefore,

                      submitted that, in view of the Petitioners' acquittal, the present Petition has

                      become infructuous.
                      Shailaja                                                                       Page 1 of 2
                                                                 2-WP-2633-2019 (CR).odt



4.           The statement made by the learned A.P.P. is accepted. The same

is also verified by obtaining a copy of the judgment dated 10 th July 2024

passed by the learned Judicial Magistrate First Class, Solapur, in Regular

Criminal Case No. 591 of 2019, from the official website of the concerned

Court. I found substance in the learned A.P.P.'s submission.

5.           In view of the aforesaid facts and circumstances, nothing

survives for consideration in the present Petition. The Petition has, therefore,

been rendered infructuous and is accordingly disposed of.




                                                    (ABHAY J. MANTRI, J.)




Shailaja                                                                     Page 2 of 2


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