Bombay High Court

SADANAND BHAGWAT YELGATTEversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF

Holding

The petition was dismissed as there was no surviving aggrieved party to maintain it.

Summary

The petitioner, Sadanand Bhagwat Yelgatte, filed a criminal writ petition (No. 56 of 2023) challenging FIR No. 292 of 2019 registered under Section 363 of the Indian Penal Code by Vivekanand Police Station, Latur. The petition alleged that his child, Dattatrya Sadanand Yelgatte, remained missing. During the proceedings, it emerged that the petitioner had died and the child was still not found. The Court held that with the death of the petitioner and the absence of any surviving aggrieved party, the petition could not continue. Consequently, the petition was disposed of as there was nothing left to adjudicate.

Issues considered

The petition can proceed despite the death of the petitioner and the continued disappearance of the alleged victim (the child).

Legislation cited

Indian Penal Code, 1860 — s. 363

Subjects

criminal writ petition
Section 363 IPC
missing child
death of petitioner
petition disposed

Judgment

2026:BHC-AUG:43481-DB

1 919 CRIMINAL WRIT PETITION NO. 56 OF 2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
919 CRIMINAL WRIT PETITION NO. 56 OF 2023

SADANAND BHAGWAT YELGATTE
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Adv. Avinash M. Reddy, Advocate for the Petitioner
Adv.M. N. Ghanekar, APP for Respondents-State
...

CORAM : SANDIPKUMAR C. MORE AND
VAISHALI PATIL-JADHAV, JJ.

DATED : 22/09/2026
Per Court:

. The learned counsel for the petitioner submits that “A”

Summary is already filed in connection with FIR No. 292 of 2019

under Section 363 of the Indian Penal Code by the concerned

Vivekanand Police Station, Latur. Though the child of the

petitioner, namely Dattatrya Sadanand Yelgatte is not found till

today, the petitioner is also no more.

2. In view of the same, nothing survives in this petition and the

same stands disposed of.

( VAISHALI PATIL-JADHAV, J. ) ( SANDIPKUMAR C. MORE, J. )

shivani/

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