Bombay High Court

BALAJI SHIVAJI BHANDAREversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF

Holding

The petition is dismissed as there is no remaining relief to be granted after permission for prosecution has already been granted.

Summary

The petitioner, Balaji Shivaji Bhandare, filed a criminal writ petition seeking permission to prosecute certain accused persons. The petition was filed under the jurisdiction of the High Court of Bombay, Aurangabad Bench. The petitioner’s counsel argued that the petition was no longer necessary because the requisite permission for prosecution had already been granted. The court examined the status of the permission and found that it had indeed been granted prior to the hearing. Consequently, the court held that there was nothing left to be adjudicated in the petition. The petition was therefore disposed of without further order.

Issues considered

What is the appropriate course of action when permission for prosecution has already been granted prior to the hearing of a criminal writ petition?

Subjects

criminal procedure
permission to prosecute
writ petition
petition dismissed
high court

Judgment

2026:BHC-AUG:45775-DB

                                                                      620.2024WP

                                               1

                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                        921 CRIMINAL WRIT PETITION NO. 620 OF 2024

                                 BALAJI SHIVAJI BHANDARE
                                          VERSUS
                        THE STATE OF MAHARASHTRA AND OTHERS
                                             ...
                 Advocate for the Petitioner : Mr. Swapnil B. Mane h/f
                 Mr.Gastgar S.B.
                 APP for Respondent/State : Mr. Rajdeep D. Raut
                                             ...
                                    CORAM : SANDIPKUMAR C. MORE &
                                                 VAISHALI PATIL-JADHAV,JJ.

                                       DATE    :   30.09.2026

                 P.C. :


                 1.          Learned counsel holding for Mr. Gastar, learned
                 counsel for the petitioner, on instructions, submits that the
                 purpose of this petition is already subserved since the
                 permission for prosecution of the concerned accused is
                 already granted.
                 2.          As such, nothing survives in this petition and it
                 stands disposed of.




                 [VAISHALI PATIL-JADHAV]            [SANDIPKUMAR C.MORE]
                         JUDGE                             JUDGE
                 sga

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