Bombay High Court

SACHIN SURESH JOSHI (AGNIHOTRI) AND ORSversusTHE STATE OF MAHARASHTRA AND ANR

Disposal: Allowed
Bench: SANDESH D PATIL

Holding

A criminal writ petition becomes infructuous and must be dismissed when the petitioner has been acquitted of the alleged offence.

Summary

The petitioners, Sachin Suresh Joshi (Agnihotri) and others, filed a criminal writ petition before the Bombay High Court, Circuit Bench at Kolhapur, seeking relief against the State of Maharashtra. The petition was filed after the criminal proceedings against them had concluded. The State submitted the judgment and order of acquittal of the petitioners, which was taken on record. The Court observed that, in view of the acquittal, the cause of action for the writ petition no longer survived. Accordingly, the petition was disposed of as infructuous.

Subjects

criminal writ petition
acquittal
infructuous petition
cause of action
high court

Judgment

                                                              50-WP-6139-2019 (CR).doc




            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIRCUIT BENCH AT KOLHAPUR
                   CRIMINAL APPELLATE JURISDICTION

                CRIMINAL WRIT PETITION NO. 6139 OF 2019

Sachin Suresh Joshi (Agnihotri) & Ors.             .....Petitioners
     Vs.
The State of Maharashtra & Anr.                    .....Respondents

                                  .....
Mr. Yogiraj Purwant, Advocate for Petitioners.
Mr. Naik, APP for Respondent-State.
                                  .....


                                          CORAM: SANDESH D. PATIL, J.
                                          DATED: 2nd JULY 2026.
P. C. :

1.        None for the Petitioners.

2.        Learned APP tenders a copy of the judgment and order whereby

the Petitioner has been acquitted. The same is taken on record.

3.        In view of the acquittal of the Petitioner, the cause of action for

the present Petition no longer survives. Accordingly, the Petition is

disposed of as having become infructuous.


                                                    (SANDESH D. PATIL, J.)




Suresh
                                      1

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