Bombay High Court

GAJRAJ SINGH VISHNU SINGHversusSHRI. G. P. DEVKAR AND ORS

Disposal: Disposed Off
Bench: VRUSHALI V JOSHI RANJITSINHA RAJA BHONSALE

Holding

Because the petitioners were acquitted in the criminal case, the writ petitions seeking to restrain the departmental enquiry were held infructuous and were disposed.

Summary

The petitioners filed writ petitions in 2013 seeking a court order to restrain the Railway Protection Force from conducting departmental enquiries against them while a criminal trial under Section 3(a) of the Railway Property (Unlawful Possession) Act was pending. The criminal case (Court Case No. 50 of 2012) was tried before the Judicial Magistrate First Class, Railway Court, Bhusawal, which ultimately acquitted the petitioners. The respondents submitted the acquittal order, arguing that the writ relief was no longer necessary. The High Court observed that, in view of the acquittal, the petitions became infructuous. Consequently, the court disposed of the writ petitions and any related interim applications.

Issues considered

The writ petition can restrain a departmental enquiry while a criminal trial is pending
The effect of an acquittal in the criminal proceeding on the continuance of a writ petition seeking to stay the departmental enquiry

Legislation cited

Railway Property (Unlawful Possession) Act — s. 3(a)

Subjects

writ petition
departmental enquiry
acquittal
Railway Property (Unlawful Possession) Act
infructuous
disposal

Judgment

                                                    48-WP-9206-2013.doc

         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CIRCUIT BENCH AT KOLHAPUR
                   CIVIL APPELLATE JURISDICTION
                  WRIT PETITION NO.9206 OF 2013
Ratiram Dhaniram Kushwaha                  …..Petitioner
      Vs.
Shri. G. P. Devkar And Ors                 …..Respondents
                             WITH
               INTERIM APPLICATION NO.2237 OF 2022
Assistant Security Commissioner,
Railway Protection Force, Central Railway,
Solapur                                    …..Applicant
      Vs.
R. R. Kushwaha s/o
Shri. Dhaniram kushwaha and Anr            …..Respondents
                               WITH
                  WRIT PETITION NO.9160 OF 2013
Gajraj Singh Vishnu Singh                     …..Petitioner
      Vs.
Shri. G. P. Devkar And Ors                    …..Respondents
                               WITH
             INTERIM APPLICATION NO.2236 OF 2022
Assistant Security Commissioner,
Railway Protection Force, Central Railway,
Solapur                                    …..Applicant
      Vs.
Gajraj Singh Vishnu Singh & Anr            …..Respondents

Mr. Vijay Killedar, for the Respondent Nos.1 to 3.
Mr. Ratiram D.Kushwaha, Petitioner present in person.

                         CORAM: MRS. VRUSHALI V. JOSHI,
                                 RANJITSINHA RAJA BHONSALE, JJ.
                          DATED: 8th APRIL 2026
P.C.:-

1.       The Petitions are of the year 2013. Petitioner No.1 in Writ

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                                                          48-WP-9206-2013.doc

Petition No. 9206 of 2013 is present.

2.       The prayers made in these Petitions are to restrain the

Respondents from proceeding with the departmental enquiry till the

final hearing and disposal of the criminal case pending trial before

the Judicial Magistrate First Class, Railway Court, Bhusawal, bearing

Court Case No. 50 of 2012 under Section 3(a) of the Railway

Property (Unlawful Possession) Act.

3.       The learned counsel appearing for the Respondents has placed

on record the judgment passed by the Judicial Magistrate First Class

acquitting both the Petitioners in both matters.

4.       In view of the acquittal of the Petitioners, the Petitions have

become infructuous. Hence, the Petitions stand disposed of.

5.       Interim Applications, if any, also stand disposed of.




(RANJITSINHA RAJA BHONSALE, J.) (MRS. VRUSHALI V. JOSHI, J.)




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