Bombay High Court

VIJAY POPAT THORAT AND OTHERSversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF

Holding

The petition is dismissed as the allegations are already before a criminal trial, leaving nothing for the Court to entertain.

Summary

The petitioners filed a criminal writ petition seeking a direction to respondent No.3 to conduct an enquiry into allegations they raised. The Court, after reviewing the Resource Personnel report, found that the same allegations had already resulted in the registration of FIR C.R. No.60/2020 at Nizampur Police Station, which has since been converted into RCC No.173/2022 and is currently under trial. Since the matter is already pending before the criminal court, the petitioners' request was deemed unnecessary. Consequently, the Court held that nothing survives in the petition. The petition was therefore disposed of.

Issues considered

Whether the High Court should order an enquiry when criminal proceedings on the same allegations are already pending?

Subjects

criminal writ petition
enquiry
pending criminal trial
petition dismissed
jurisdiction

Judgment

2026:BHC-AUG:42342-DB

                                                                              704.2022WP

                                                    1

                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                        21 CRIMINAL WRIT PETITION NO. 704 OF 2022

                             VIJAY POPAT THORAT AND OTHERS
                                            VERSUS
                        THE STATE OF MAHARASHTRA AND OTHERS
                                                ...
                 Advocate for the Petitioners : Mr. Pawar Rahul S.
                 APP for Respondent/State : Mr. G.A. Kulkarni
                                                ...
                                      CORAM : SANDIPKUMAR C. MORE &
                                                    VAISHALI PATIL-JADHAV,JJ.

                                         DATE       :    15.09.2026

                 P.C. :


                 .              The   petitioners       are   seeking   direction     to
                 respondent no.3 for holding enquiry in respect of allegations
                 made by the petitioners, however, the report of Resource
                 Personnel of this Court clearly indicates that in connection
                 with     the    allegations   made      by   the   petitioners,    C.R.
                 No.60/2020 was registered with Nizampur Police Station and
                 it is now converted into R.C.C. No.173/2022 and the trial of
                 which is underway.
                 2.             Under such circumstances, the case is already
                 pending with respect to the allegations made by the
                 petitioners, nothing survives in this petition and the same
                 stands disposed of.


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

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