Bombay High Court
NANDABAI W/O. SANTOSH PHULEversusTHE STATE OF MAHARASHTRA AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The petition was dismissed as the matters are sub‑judice before the Special Judge, leaving nothing to be decided by the High Court.
Summary
The petitioner, NANDABAI, filed a criminal writ petition seeking a direction to decide her representation dated 21‑03‑2023 and to prevent deletion of sections of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act in Crime No.14 of 2023. The Court observed that a related Special Case No.193 of 2026 is already pending before the Special Judge, Beed, with final arguments scheduled for the same day. The accused in that case are also charged under the Atrocities Act and the Indian Penal Code. Since the matters are sub‑judice before the Special Judge, the High Court held that it could not entertain the petition. Consequently, the petition was found to have no surviving relief and was disposed of.
Issues considered
- Whether the High Court can entertain a writ petition seeking directions on representation and non‑deletion of Atrocities Act provisions when a related criminal case is pending before a Special Judge.
- Whether the petition is maintainable in view of the pending special case.
Legislation cited
Subjects
- criminal writ petition
- representation
- Atrocities Act
- pending special case
- jurisdiction
- dismissal
Judgment
2026:BHC-AUG:39843-DB
1 924 CRIMINAL WRIT PETITION NO. 660 OF 2023
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
924 CRIMINAL WRIT PETITION NO. 660 OF 2023
NANDABAI W/O. SANTOSH PHULE
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
…..
Adv. Yogesh K. Bobade, Advocate for the Petitioner
Adv. S. J. Salgare, APP for Respondents-State
…..
CORAM : SANDIPKUMAR C. MORE AND
VAISHALI PATIL-JADHAV, JJ.
DATED : 27/08/2026
Per Court:
. Heard.
2. Though the direction is sought by the petitioner in this
petition for deciding her representation dated 21.03.2023 and for
not to delete the sections of Atrocities Act which are levelled in
Crime No.14 of 2023, but the report of Resource Personnel of this
Court clearly indicates that the Special Case No.193 of 2026 is
already pending before the Court of Special Judge, Beed and as per
the status report, it is fixed on 27.08.2026 i.e. today for final
arguments. Further, it appears that the accused therein are also
charged under the provisions of Scheduled Castes and Scheduled
2 924 CRIMINAL WRIT PETITION NO. 660 OF 2023
Tribes (Prevention of Atrocities) Act along with the provisions of the
Indian Penal Code.
2. Under such circumstances, nothing survives in this petition
and it stands disposed of.
( VAISHALI PATIL-JADHAV, J. ) ( SANDIPKUMAR C. MORE, J. )
shivani/
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