Bombay High Court

SAHIL SHIVAJI NYAREversusSTATE OF MAHARASHTRA AND ORS.

Disposal: Disposed Off

Holding

The writ petition was disposed of as infructuous because the matter was being investigated and the wife of the accused was to be impleaded.

Summary

Sahil Shivaji Nyare filed a criminal writ petition before the Bombay High Court challenging the State of Maharashtra. During the hearing, the Additional Public Prosecutor informed the Court that the wife of the accused would be impleaded as an accused and that further investigation would be conducted by the investigating officer. The Court accepted this statement and, on the petitioner's submission that the matter had been worked out, held that the writ petition no longer had any operative purpose. Consequently, the Court disposed of the petition as infructuous. The order was pronounced by Justices Rajesh S. Patil and Abhay J. Mantri on September 30, 2026.

Issues considered

What is the effect on a criminal writ petition when the alleged offence is being further investigated and an additional accused is being impleaded?

Subjects

writ petition
criminal procedure
impleading accused
infructuous petition
investigation
High Court

Judgment

                                                   20-WP-750-2026-(CR).doc


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


                CR. WRIT PETITION NO. 750 OF 2026

Sahil Shivaji Nyare                          … Petitioner
            V/s.
State Of Maharashtra And Ors.                … Respondents

                ________________________
Mr. Kunal V. Patil a/w. Mr. Rajnandini P. Katkar, Advocate for the
petitioner.
Ms. Mahalaxmi Ganpathy, Addl, PP for the respondents-State.
Mr. Sandip Suryawandhi, API Shahuwadi Police Station present.
Mr. Parshuram N. Shirsat, PSI Shahuwadi Police Station present.
                _________________________

                            CORAM       : RAJESH S. PATIL &
                                          ABHAY J. MANTRI, JJ.


                            DATED       : SEPTEMBER 30, 2026
P.C.:


1.      After this matter was argued for some time, the matter was

kept back for the learned Additional Public Prosecutor to take

instructions.


2.      Post lunch, when the matter was called out, Ms. Ganpathy,

the learned Additional Public Prosecutor, on instructions, submits

that the wife of the accused will be impleaded as an accused in the


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                                                   20-WP-750-2026-(CR).doc


crime, and necessary investigation will be carried forward by PSI

Parshuram Shirsat, who is now the Investigating Officer in the

present crime.


3.    The statement of Ms. Ganpathy, learned Additional Public

Prosecutor on behalf of her client, is accepted.


4.    In view of the same, Mr. Patil, appearing for the petitioner,

submits that the Petition has been worked out and, therefore, the

same can now be disposed of as infructuous.


5.    The Writ Petition is disposed of as infructuous.




(ABHAY J. MANTRI, J.)                         (RAJESH S. PATIL, J.)




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