Bombay High Court

VIJAY BHAGWANRAO SHELKEversusTHE STATE OF MAHARASHTRA

Disposal: Disposed Off

Holding

The writ petition is disposed of as infructuous following the petitioner's acquittal in the underlying case.

Summary

Dr. Vijay Bhagwanrao Shelke filed a criminal writ petition before the Bombay High Court challenging actions of the State of Maharashtra. No counsel appeared on his behalf when the matter was called. The respondent's Additional Public Prosecutor informed the Court that the underlying criminal case (R.C.C. No. 1727 of 2022) had been concluded on 31 May 2026, resulting in the petitioner's acquittal. The petitioner's acquittal rendered the writ petition moot. Consequently, the Court held the petition infructuous and disposed of it without further hearing.

Issues considered

What is the effect on a criminal writ petition when the petitioner is acquitted in the underlying trial?

Subjects

acquittal
writ petition
infructuous
criminal appellate jurisdiction
high court

Judgment

                                                                                           6-CRWP-2694-22.odt



                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        CIRCUIT BENCH AT KOLHAPUR
                                     CRIMINAL APPELLATE JURISDICTION
                                           WRIT PETITION NO. 2694 OF 2022
                      Dr. Vijay Bhagwanrao Shelke                            ..PETITIONER
                             VERSUS
                      State of Maharashtra and Another                       ..RESPONDENTS
                                                              ....
                      Mrs. P.S. Rane, A.P.P. for respondent – State
                      Ms. Jayashri Abaso Kamble, P.S.I., Shahupuri Police Station
                                                              ....
                                                                 CORAM : ABHAY J. MANTRI, J.
                                                                 DATE : 10th SEPTEMBER, 2026

                      PER COURT :

                      1.         No one appears for the Petitioner, either in the Court Hall or through

                      V.C. mode, when the matter is called out.

                      2.         Learned A.P.P. on instruction submitted that during the pendency of

                      this petition, R.C.C. No. 1727 of 2022 pending before the learned Trial Court

                      against the Petitioner has been disposed of vide judgment and order dated 31 st

                      May, 2026, and the Petitioner was acquitted in the said case. Therefore, he

                      submitted that this petition has become infructuous. He has tendered across the

                      bar a copy of the said judgment and order. The same is taken on record and

                      marked ‘X’ for identification purposes. His statement is accepted.

                      3.         In view of the above, Criminal Writ Petition stands disposed of as
SUSHANT
SHARAYU               infructuous.
DESHPANDE

Digitally signed by
SUSHANT
SHARAYU
DESHPANDE
Date: 2026.09.10
17:58:12 +0530
                                                                  ( ABHAY J. MANTRI, J. )
                      SSD
                                                         1 / 1

Continue reading with your account

Checking your session…