Bombay High Court

SHANKAR S/O. GANPAT KHANDAGALEversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF

Holding

The petition was dismissed as the petitioner had died and no cause of action subsisted.

Summary

The petitioner, Shankar Khandagale, filed a criminal writ petition seeking to quash a notice issued by an Executive Magistrate and to initiate an investigation based on his complaints. The petition was filed after the petitioner had died, as confirmed by a resource personnel report indicating his death one to two years prior. The petitioner had also filed a private criminal miscellaneous application (No. 85 of 2020), which was dismissed for lack of steps, and the magistrate's order dated 04.12.2023 was placed on record. The Court observed that, with the petitioner's death, no cause of action remained and the earlier dismissal of the private complaint further precluded any relief. Consequently, the petition was disposed of with no further orders.

Issues considered

Can a criminal writ petition for quashing a notice proceed when the petitioner is deceased?
Does the prior dismissal of a private criminal miscellaneous application bar the petition for quashing the notice?

Subjects

quash petition
death of petitioner
criminal writ
private complaint
petition disposed

Judgment

                                    (1)
                                              926- Cri. W. P. 358-2020.odt
          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     BENCH AT AURANGABAD

             CRIMINAL WRIT PETITION NO. 358 OF 2020

               SHANKAR S/O. GANPAT KHANDAGALE
                                VERSUS
           THE STATE OF MAHARASHTRA AND OTHERS
                                   …..
Advocate for the Petitioner : Mr. R. B. Dhakane h/f
                              Mr. M. R.Andhale
APP for Respondents: Mr. S.J. Salgare
                                  ...

                    CORAM :      SANDIPKUMAR C. MORE, &
                                 VAISHALI PATIL-JADHAV, J.J.
                    DATED :      August 21, 2026

ORDER:-

1.    Though the petition is filed for quashing the notice dated

25.11.2019     issued by the Executive Magistrate/ Nayab Tasildar

Khultabad in Chapter Case No. 328 of 2019 and for initiating the

investigation on the basis of complaints of the petitioner, but as per

the report of Resource Personnel, the petitioner has expired prior to

one or two years.

2.     Moreover, he had also filed Criminal Misc. Application No. 85

of 2020 being a private complaint, but that also got dismissed for

want of steps.      The order of concerned learned Magistrate is also

placed on record, which is dated 04.12.2023. Thus, nothing survives

in this petition and it stands disposed of.



(VAISHALI PATIL-JADHAV)              (SANDIPKUMAR C. MORE)
      JUDGE                                  JUDGE

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