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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Allowed To be withdrawn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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