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
Checking your session…