Bombay High Court

GANESH KONDIBA KOTKAR AND OTHERSversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF

Holding

The petition is dismissed as the case has been summarily disposed, leaving no matter for the Court to consider.

Summary

The petitioners filed a criminal writ petition challenging the continuation of FIR Nos. 198/2017 and 359/2017, alleging they pertained to the same offence. The State argued that the Economic Offences Wing, Ahmednagar, had taken over the investigation and merely altered the FIR numbers. The Court examined the report of its Resource Personnel dated 14.08.2026, which indicated that a summary of the case had been filed. Since a summary terminates the proceedings, the Court found that no further relief could be granted. Consequently, the petition was held to be moot and was disposed of.

Issues considered

Whether the filing of a summary in the underlying criminal case renders the writ petition redundant
Whether the change of FIR numbers affects the jurisdiction or continuance of the petition

Subjects

Criminal Procedure Code
Summary of offence
FIR
Writ petition
Jurisdiction

Judgment

2026:BHC-AUG:42525-DB

                                                                      853.2021WP

                                                 1

                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                        14 CRIMINAL WRIT PETITION NO. 853 OF 2021

                          GANESH KONDIBA KOTKAR AND OTHERS
                                            VERSUS
                        THE STATE OF MAHARASHTRA AND OTHERS
                                                ...
                 Advocate for the Petitioner : Adv. V.P. Narvade h/f Ms. Rasal
                 Asha Sanjay
                 APP for Respondent/State : Adv. M.N. Ghanekar
                 Advocae for respondent nos. 7 to 9 : Mr.Z.H. Farooqui h/f
                 Mr.Gaware Niteen V.
                                                ...
                                     CORAM : SANDIPKUMAR C. MORE &
                                                    VAISHALI PATIL-JADHAV,JJ.

                                      DATE      :    15.09.2026

                 P.C. :


                 .          Learned A.P.P. on instructions submits that both
                 F.I.R. Nos.198/2017 and 359/2017 are in respect of same
                 crime, only the numbers are changed since the Economic
                 Offences Wing, Ahmednagar had taken over the investigation.
                 2.         The report of Resource Personnel of this Court
                 dated 14.08.2026 clearly indicates that “A” Summary has
                 been filed in this matter, and therefore, nothing survives in
                 this petition. Accordingly, it stands disposed of.




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

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