Jigar S/O. Pareshbhai Patel v. the State of Maharashtra Thr. Pso Ps Incharge Sitabuldi Nagpur

Bombay HC2 Feb 2026WP/162/2024

Case brief

AI extract

What is this about?

Bombay High Court, Nagpur Bench — Criminal Writ Petition No. 162 of 2024, Jigar S/o. Pareshbhai Patel v. State of Maharashtra and Another (neutral citation 2026:BHC-NAG:4391), M.M. Nerlikar, J., 16-03-2026 — Section 457 Cr.P.C. — direction to trial Court to decide pending Criminal Miscellaneous Application No.116/2021 on its own merits — earlier hesitation due to connected Writ Petition Nos.703/2022, 706/2022 and 707/2022 (original accused No.8, Rajendra Armarkar) removed as those petitions stand disposed of / withdrawn — Criminal Writ Petition disposed of.

What did the court decide?

The trial Court is directed to decide Criminal Miscellaneous Application No.116/2021 filed by the petitioner on its own merits; the Criminal Writ Petition is disposed of in above terms. ¶¶18

Jigar S/O. Pareshbhai Patel vs the State of Maharashtra Thr. Pso Ps Incharge Sitabuldi Nagpur — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

The trial Court is directed to decide Criminal Miscellaneous Application No.116/2021 filed by the petitioner on its own merits; the Criminal Writ Petition is disposed of in above terms.

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Issue for consideration

Whether the trial Court should be directed to decide the petitioner's pending application under Section 457 of Cr.P.C. (Criminal Miscellaneous Application No.116/2021) on its own merits, the earlier connected writ petitions having been disposed of.

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Court's answer

The trial Court is directed to decide Criminal Miscellaneous Application No.116/2021, filed by the petitioner under Section 457 of Cr.P.C., on its own merits.

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Ratio / Principle

Since Writ Petition Nos.703/2022, 706/2022 and 707/2022 (relating to original accused No.8, Rajendra Armarkar) stand disposed of — Nos.706/2022 and 707/2022 having been withdrawn — there is no hurdle in directing the trial Court to decide the petitioner's Section 457 Cr.P.C. application on its own merits.

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Detailed headnote1 paragraphs

Criminal Writ Petition — direction for disposal of pending application under Section 457 of the Code of Criminal Procedure, 1973 — The trial Court had kept the petitioner's application (Criminal Miscellaneous Application No.116/2021) pending. In the petitioner's earlier Criminal Application No. 1406/2023, the Court had declined to direct time-bound disposal since Writ Petition Nos.703/2022, 706/2022 and 707/2022 of original accused No.8 (Rajendra Armarkar) were pending, any order therein having a direct bearing on the petitioner's application. Those writ petitions have since been disposed of — Writ Petition Nos.706/2022 and 707/2022 having been withdrawn by the petitioners therein — leaving no hurdle in directing the trial Court to decide the Section 457 application on its own merits. Held, the trial Court was directed to decide Criminal Miscellaneous Application No.116/2021 on its own merits; the Criminal Writ Petition was disposed of accordingly (M.M. Nerlikar, J.; 16.03.2026).

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2026:BHC-NAG:4391

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41-Cr.WP-162-2024

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR .

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CRIMINAL WRIT PETITION NO. 162 OF 2024

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Jigar S/o. Pareshbhai Patel

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-- VERSUS --

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State of Maharashtra and Another

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Office Notes, Office Memoranda of Coram,__________________________________________________________________________ appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders.

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Mr. Prateek D. Sharma, Advocate for the Petitioner. Ms. M.H. Deshmukh, A.P.P. for the Respondent No.1/State. Mr. Rahul S. Kalangiwale, Advocate for the Respondent No.2.

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CORAM : M.M. NERLIKAR, J. DATE : MARCH 16, 2026.

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Heard.

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It appears that the trial Court has kept the application filed under Section 457 of Code of the Criminal Procedure, 1973 pending.

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The learned counsel submits that, initially, he had filed Criminal Application No. 1406/2023 before this Court. However, this Court declined to direct the trial Court to decide the application within a time bound manner, as other applications of the original accused No.8, namely, Rajendra Armarkar, were pending. Therefore, this Court has observed that any order passed in those writ petition would have a direct bearing on the order, that is likely to be passed in the application

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41-Cr.WP-162-2024

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filed by the applicant. Now all those Writ Petition Nos.703/2022, 706/2022 and 707/2022 are disposed of. So far as Writ Petition No.706/2022 and Writ Petition No.707/2022 are concerned, those were withdrawn by the petitioner therein and, therefore, now there will be no hurdle in directing the trial Court to decide the application of the petitioner filed under Section 457 of Cr.P.C. on its own merits.

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Considering the above observations, the trial Court is directed to decide Criminal Miscellaneous Application No.116/2021 filed by the petitioner on its own merits. The Criminal Writ Petition is disposed of in above terms.

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[ M.M. NERLIKAR, J ]

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Piyush Mahajan

Jigar S/O. Pareshbhai Patel v. the State of Maharashtra Thr. Pso Ps Incharge Sitabuldi Nagpur

Case brief

What is this about?

What did the court decide?

Jigar S/O. Pareshbhai Patel v. the State of Maharashtra Thr. Pso Ps Incharge Sitabuldi Nagpur

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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