Bombay High Court

AMOL S/O DADA HIWRALEversusTHE INSPECTOR GENRAL AND ANR

Decided: 17 June 2026
Disposal: Dissmiss For Default/Non-Prosecution
Bench: A S GADKARI KAMAL KHATA

Holding

The petition is abated and disposed of due to the death of the petitioner.

Summary

Amol filed a writ petition in the Bombay High Court challenging an order of the Inspector General and others. The petitioner was on furlough leave from Yerwada Open District Prison when he died on 16 November 2024, as reported by the jailor. The respondent State, through its counsel, submitted that the petitioner's death renders the petition moot. The Court considered whether a petition can continue after the death of the petitioner. It held that the death of the petitioner abates the petition. Consequently, the petition was disposed of.

Issues considered

Does the death of a petitioner abate a pending writ petition?

Subjects

writ petition
abated petition
death of petitioner
criminal appellate jurisdiction
Bombay High Court

Judgment

DTG                                                        103-Wp.613.2019.doc



                IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                      CRIMINAL APPELLATE JURISDICTION

                        WRIT PETITION NO. 613 OF 2019

Amol S/o. Dada Hiwrale                                    … Petitioner
         V/s.
The Inspector General & Anr.                              … Respondents
                   _______________________________________

None for Petitioner.

Mr. J.P. Yagnik, A.P.P. for Respondent-State.
                  _______________________________________

                            CORAM : A. S. GADKARI AND
                                    KAMAL KHATA, JJ.
                            DATE  : 17th June 2026

P.C. :

1)              Learned APP on instructions from Jailor, Yerwada Open District

Prison, Pune, submitted that, the Petitioner while on furlough leave passed

away on 16th November 2024.

2)              In view of the above, Petition stands abated and is accordingly

disposed off.



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




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