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Bombay High Court

XYZversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal
DISPOSED OFF

Holding

The petition is dismissed as there is no surviving issue after the case was re-registered and a charge sheet filed.

Summary

The petitioner filed a criminal writ petition seeking investigation into Crime No. 165 of 2023 registered at Majalgaon Police Station, but the case had been transferred and re-registered as Crime No. 113 of 2023 at Beed City Police Station, where a charge sheet was filed and a Sessions case is pending. The court noted the discrepancy in the petition's reference to the crime number and observed that the matter had progressed to the filing of a charge sheet and ongoing trial. Considering the passage of time and the subsequent procedural developments, the court found that the petition no longer had any surviving issue. Consequently, the petition was dismissed as there was nothing left to adjudicate. The disposition was that the petition was disposed of.

Issues considered

  • What is the appropriate basis for the petition given the change in crime registration numbers and the filing of a charge sheet?

Subjects

  • criminal procedure
  • writ petition
  • jurisdiction
  • charge sheet
  • case disposal

Judgment

2026:BHC-AUG:44070-DB


                                       1                  921 CRIMINAL WRIT PETITION NO. 917 OF 2023



                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              BENCH AT AURANGABAD
                    921 CRIMINAL WRIT PETITION NO. 917 OF 2023

                                             XYZ
                                           VERSUS
                       THE STATE OF MAHARASHTRA AND OTHERS
                                              ...
            Adv. Prasad D. Wakhare h/f Adv. S. J. Naik, Advocate for the
            Petitioner
            Adv. S. J. Salgare, APP for Respondents-State
                                              ...

                                  CORAM : SANDIPKUMAR C. MORE AND
                                          VAISHALI PATIL-JADHAV, JJ.

                                  DATED : 22/09/2026
            Per Court:

            .     Heard.


            2.    Though the petition appears to be filed for carrying out the

            investigation in Crime No. 165 of 2023 registered with Majalgaon

            City, Police Station, instead of Crime bearing No.113 of 2023

            registered with Beed (City) Police Station, but the record shows that

            the initial Crime No. 165 of 2023 was registered at Majalgaon Police

            Station. Subsequently, it was transferred to Beed (City) Police

            Station under Crime No. 113 of 2023. The report of the Resource

            Personnel of this Court clearly indicates that pursuant to Crime No.

            113 of 2023 of Beed (City) Police Station, a charge sheet was filed

            and presently Sessions Case No. 194 of 2023 arising out of that, is

            pending.
                           2                921 CRIMINAL WRIT PETITION NO. 917 OF 2023



3.         Thus, with the passage of time and considering the

subsequent events, nothing survives in this petition and it stands

disposed of.




( VAISHALI PATIL-JADHAV, J. ) ( SANDIPKUMAR C. MORE, J. )

shivani/


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