Bombay High Court

ASIYA BEGAMversusTHE STATE OF MAHARASHTRA AND ORS.

Decided: 18 April 2026
Disposal: Disposed Off
Bench: A S GADKARI KAMAL KHATA

Holding

The petition was disposed of as the petitioner’s statement that she had no objection to the appointment of a Special Public Prosecutor extinguished the relief sought.

Summary

Petitioner Asiya Begam filed a writ petition against the State of Maharashtra. During proceedings, her counsel stated on 16 June 2022 that she had no objection to the appointment of Mr. Gharat as Special Public Prosecutor to conduct her case. The Court held that this unequivocal statement extinguished the relief sought in the petition, rendering the petition and its interim application moot. Consequently, the Court ordered the disposal of the writ petition. The interim application pending in the petition was also disposed of as it no longer survived.

Issues considered

Whether the petitioner’s express consent to the appointment of a Special Public Prosecutor defeats the relief sought in the writ petition

Subjects

Special Public Prosecutor
writ petition
disposal
interim application
High Court

Judgment

DTG                                                           324-Wp-2803-2018.doc



                IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                      CRIMINAL APPELLATE JURISDICTION

                       WRIT PETITION NO. 2803 OF 2018
                                     IN
                    INTERIM APPLICATION NO. 1437 OF 2022

Asiya Begam                                                … Petitioner
         V/s.
State of Maharashtra & Ors.                                … Respondents
                   _______________________________________

Mr. Chetan Mali for Petitioner.

Mr. Chetan Gogawale i/b Law Global Advocates for the Applicants.

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

                            CORAM : A. S. GADKARI AND
                                    KAMAL KHATA, JJ.
                            DATE  : 18th April 2026
P.C. :

1)              In view of the positive, assertive statement made by the learned

Advocate for Petitioner on 16 th June 2022 that, she has no objection if Mr.

Gharat is appointed as Special Public Prosecutor to conduct her case, the

prayers in the Petition do not survive and the Petition is accordingly disposed

off.

2)              In view of disposal of Petition, Interim Application No. 1437 of

2022 pending therein, does not survive and is accordingly disposed off.



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

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