Created by Fuzzy Cloud

Bombay High Court

YUSUF JAMAL DAYATAR AND ORS.versusTHE STATE OF MAHARASHTRA AND ORS.

Decided
Disposal
Disposed Off

Holding

The writ petition is infructuous and cannot be entertained after the petitioners' acquittal.

Summary

The petitioners, Yusuf Jamal Dayatar and others, filed a writ petition in the Bombay High Court after being acquitted in the criminal proceedings against them. They sought relief despite the acquittal, arguing that the petition remained viable. The Court examined whether a petition becomes moot when the respondents have already been acquitted. It held that the acquittal extinguishes any pending grievance, rendering the writ petition infructuous. Consequently, the petition could not be entertained further. The petition was therefore disposed of as infructuous.

Issues considered

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

Subjects

  • Writ Petition
  • Acquittal
  • Infructuous
  • Criminal Procedure
  • High Court

Judgment

                    KSG                                                        45-WP-3526-2014.doc



                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                          CRIMINAL APPELLATE JURISDICTION

                                            WRIT PETITION NO. 3526 OF 2014

                    Yusuf Jamal Dayatar & Ors                                 … Petitioners
                             V/s.
                    The State of Maharashtra & Ors                            … Respondents
                                       _______________________________________

                    Mr. Himanshu Kode for Petitioners.
                    Ms. M.H. Mhatre, A.P.P. for Respondent No.1-State.
                                   _______________________________________

                                                CORAM : A. S. GADKARI AND
                                                        SHYAM C. CHANDAK, JJ.
                                                DATE  : 2nd FEBRUARY 2026

                    P.C. :

                    1)              Mr. Kode, learned Advocate appearing for Petitioners, on

                    instructions submitted that, Petitioners have been acquitted from the case in
        Digitally
        signed by
        KIRAN
KIRAN SANJAY
                    question and therefore Petition has become infructuous.
SANJAY GHUGE
GHUGE Date:
       2026.02.04
        11:54:08
        +0530
                    2)              Disposed off as infructuous.




                             ( SHYAM C. CHANDAK, J. )                 ( A.S. GADKARI, J. )




                                                                                                     1/1


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.