Created by Fuzzy Cloud

Bombay High Court

RAJAN DATTATRAY MALPEKARversusTHE STATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

The petition is infructuous and is therefore dismissed.

Summary

Petitioner Rajan Dattatray Malpekar filed a criminal writ petition before the Bombay High Court challenging the proceedings of his trial. The trial concluded with the petitioner being acquitted of the charges against him. The petitioner sought relief through the writ petition despite the acquittal. The Court examined whether the petition remained maintainable after the acquittal. Finding that the acquittal rendered the petition moot, the Court held that the writ petition had become infructuous. Consequently, the petition was disposed of as infructuous.

Issues considered

  • Whether a criminal writ petition remains maintainable after the petitioner has been acquitted?

Subjects

  • criminal law
  • writ petition
  • acquittal
  • infructuous
  • high court

Judgment

                                                                5-WP-855-2012.doc


             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CRIMINAL APPELLATE JURISDICTION

                 CRIMINAL WRIT PETITION NO.855 OF 2012

Rajan Dattatray Malpekar                                     ... Petitioner
      Vs.
The State of Maharashtra                                     ... Respondent

                                  ****
Adv. Shrushti Vishwakarma a/w Adv. Aafreen Khan, Mr. Yogesh B.
Dandekar, Advocate for the Petitioner.
Smt. Megha Bajoria, APP for Respondent-State.
                                      ****

                      CORAM :      RANJITSINHA RAJA BHONSALE, J.
                      DATE     :   25th JUNE 2026
P.C.:

1.        At the request of the learned Advocate for the Petitioner submits

that, the trial has been concluded and the Petitioner has been acquitted

in the above the Petition has become infructuous.


2.        The Writ Petition is disposed of as infructuous.



                                   ( RANJITSINHA RAJA BHONSALE, J.)




                                        1
Sharada


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.