Bombay High Court

SOPAN S/O. MARUTI ANDHALE AND OTHERSversusTHE STATE OF MAHARASHTRA AND ANR

Disposal: DISMISSED

Holding

The petition was dismissed as infructuous because the trial was at the stage of recording the accused's statement under Section 351.

Summary

Petitioner Sopan filed a criminal writ petition challenging the proceedings of the trial. The court noted that the trial was at the stage of recording the accused's statement under Section 351 of the Bharatiya Nagarik Suraksha Sanhita. Since the petition sought relief that could not be granted at this stage, the court held that nothing survived in the petition. Consequently, the petition was dismissed as infructuous. No further relief was granted to the petitioner.

Issues considered

Whether the criminal writ petition can be entertained when the trial is at the stage of recording the accused's statement under Section 351 of the Bharatiya Nagarik Suraksha Sanhita

Legislation cited

Bharatiya Nagarik Suraksha Sanhita — s. 351

Subjects

criminal procedure
writ petition
trial stage
statement of accused
dismissal
infructuous

Judgment

2026:BHC-AUG:40186-DB
                                                                            971-WP-45-2020.odt



                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                         971 CRIMINAL WRIT PETITION NO. 45 OF 2020

                             Sopan S/o. Maruti Andhale And Others
                                            VERSUS
                               The State Of Maharashtra And Anr

          Mr. S. E. Shekade, Advocate for the Petitioner
          Mr. N. R. Dayama, APP for Respondent No. 1
          Mr. A. G. Choudhari, Advocate for Respondent No. 2

                                                             CORAM :R.M. JOSHI, J
                                                             DATE  :SEPTEMBER 03, 2026

          P. C. :

          1.            Learned   Counsel    for   Petitioner,   on   instructions,    makes

          statement that stage of the trial is for recording statement of accused under

          Section 351 of Bharatiya Nagarik Suraksha Sanhita.


          2.            In view of above, nothing survives in the Petition. Petition

          stands dismissed as infructuous.


                                                                  (R. M. JOSHI, J.)
          Malani




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