Bombay High Court
SAIDAHMAD ABDULGANI KHALIF AND ORSversusSTATE OF MAHARASHTRA AND ANR
- Disposal
- Allowed To be withdrawn
Holding
The writ petition was dismissed as infructuous because the petitioners had already been acquitted by the trial court.
Summary
The petitioners, Saidahmad Abdulgani Khalif and others, filed a criminal writ petition challenging an order of the trial court. While the petition was pending, the trial court acquitted the petitioners in RCC No. 388 of 2024 on May 2, 2025. The petitioners' counsel submitted the acquittal judgment, arguing that the writ petition had become infructuous. The High Court accepted the submission and noted that the acquittal rendered the petition moot. Consequently, the Court disposed of the writ petition as infructuous, without further hearing.
Issues considered
- Whether a criminal writ petition remains maintainable after the trial court has acquitted the petitioners?
Subjects
- criminal procedure
- writ petition
- acquittal
- infructuous
- jurisdiction
Judgment
4-wp-3809-2024.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 3809 OF 2024
Saidahmad Abdulgani Khalif and others … Petitioners
versus
The State of Maharashtra and another … Respondents
…..
Ms. Prajakta Kamble i/b Mr. Shashank Mangle, Advocate for Petitioners.
Mr. Pankaj P. Deokar, A.P.P, for Respondent No.1 – State.
…..
CORAM : ABHAY J. MANTRI, J.
Digitally
DATE : SEPTEMBER 17, 2026
signed by
SHAILAJA
SHAILAJA
SHRIKANT
SHRIKANT
HALKUDE PER COURT :
HALKUDE Date:
2026.09.19
13:26:17
+0530
1. Ms. Kamble, learned Advocate holding for Mr. Mangle, learned
Advocate for the Petitioners, submits that during the pendency of the present
Petition, the learned Trial Court acquitted the Petitioners vide Judgment and
Order dated 2nd May, 2025, passed in R.C.C. No. 388 of 2024. She, therefore,
submits that the present Petition has become infructuous. She has tendered a
copy of the said Judgment and Order across the bar. The same is taken on
record and marked as “X”. Her statement is accepted.
2. In view of the statement and Judgment and Order dated 2 nd May,
2025 passed by the learned Trial Court, the present Petition is disposed of as
infructuous.
(ABHAY J. MANTRI, J.)
Shailaja Page 1 of 1
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