Bombay High Court

SHAILESH MISTRYversusTHE STATE OF MAHARASHTRA

Decided: 4 March 2026
Disposal: Disposed Off
Bench: A S GADKARI KAMAL KHATA

Holding

The petition is dismissed as the relief sought under prayer clause (b) is not tenable and the petition is fundamentally misconceived.

Summary

Shailesh Mistry filed Writ Petition No. 4351 of 2015 in the Bombay High Court challenging a decision of the State of Maharashtra. The petition sought relief under prayer clause (b). The Court examined the petition and held that the relief sought under clause (b) is not tenable under law. It further observed that the petition is fundamentally misconceived. Consequently, the Court dismissed the petition. The judgment was delivered by Justices A.S. Gadkari and Kamal Khata on 4 March 2026.

Issues considered

Whether the relief sought under prayer clause (b) is tenable under law
Whether the petition is maintainable in view of its conception

Subjects

writ petition
criminal appellate jurisdiction
petition dismissed
legal tenability
Bombay High Court

Judgment

             ssm                                                      52-wp4351.2015.doc

                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                  CRIMINAL APPELLATE JURISDICTION

                                   WRIT PETITION NO. 4351 OF 2015

        Shailesh Mistry                                               …..Petitioner

                  Vs.

        The State Of Maharashtra                                      …..Respondent

                                ____________________________________

        Adv. Angana Sarmah i/by Diwakar Singh for the Petitioner.
        Smt. P.P. Shinde APP, for the Respondent-State.
                          ____________________________________

                                              CORAM :     A. S. GADKARI AND
                                                          KAMAL KHATA, JJ.
                                                DATE :    4th MARCH, 2026.

        P.C.:-

        1)                  The only substantive prayer in the Petition i.e. prayer clause

        (b), is not tenable in law.

        2)                  According to us, petition is thoroughly misconceived and is

        accordingly dismissed.



                    (KAMAL KHATA, J.)                           (A.S. GADKARI, J.)

             Digitally signed
             by SANJIV
SANJIV    SHARNAPPA
SHARNAPPA MASHALKAR
MASHALKAR Date:
             2026.03.06
             18:36:25 +0530




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