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Bombay High CourtWP/4451/2014disposed off

Sarfaraz Moinuddin Patel v. The State Of Maharashtra And ANR.

2025-01-28Hon'Ble Shri Justice Madhav J. Jamdar3 pages

Vaibhav

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.4445 OF 2014 Moinuddin Ibrahim Patel & Anr.

...Petitioners

Versus

The State of Maharashtra & Ors.

...Respondents

WITH WRIT PETITION NO.1707 OF 2018 Sarfaraz Moinuddin Patel

...Petitioner

Versus

The State of Maharashtra & Anr.

...Respondents

WITH WRIT PETITION NO.4451 OF 2014 WITH CRIMINAL APPLICATION NO.303 OF 2016 IN WRIT PETITION NO.4451 OF 2014 Sarfaraz Moinuddin Patel

...Petitioner/Applicant

Versus

The State of Maharashtra & Anr.

...Respondents

______________________________________________________________ Mr. Lokesh D. Zade, for the Petitioner.

Ms. Shah i/b K. P. Shah, for Respondent No.2. Ms. P. P. Bhosale, APP, for the Respondent-State. _______________________________________________________________ CORAM: MADHAV J. JAMDAR, J.

DATED: 28 JANUARY 2025 P.C.:

1.

Mr. Lokesh Zade, learned Counsel appearing for the Petitioner in Writ Petition No.1707 of 2018 states that the Petitioner has sent a

communication by e-mail, stating that he does not want to prosecute the Petition as he is paying the maintenance granted by the learned Trial Court. In the said e-mail, the Petitioner has also stated that he will continue to pay the maintenance to the wife.

2.

Accordingly, Writ Petition No.1707 of 2018 is disposed of in view of the said e-mail communication of the Petitioner - Sarfaraj Moinuddin Patel. The said e-mail communication is taken on record and marked "X" for identification.

3.

As the Writ Petition No.1707 of 2018 is disposed of, nothing survives in the Criminal Application No.303 of 2016 and the same is also disposed of.

4.

As far as Writ Petition No.4445 of 2014 is concerned, Mr. Lokesh Zade, learned Counsel appearing for the Petitioners states that Petitioner No.1 - Moinuddin Ibrahim Patel and Petitioner No.2 - Shahin Moinuddin Patel, have passed away and therefore the Petition has become infructuous. Accordingly, Writ Petition No.4445 of 2014 is disposed of as the same has become infructuous. 5.

As per Order dated 8th August 2019 passed by this Court in Writ Petition No.4451 of 2014 and Writ Petition No.4445 of 2014, the Writ Petition No.4451 of 2014 is disposed of in terms of the said Order dated 8th August 2019 and in view of the statement made by Petitioner - Sarfaraj Moinuddin Patel as recorded in this order.

6.

Thus, all the Writ Petitions and Criminal Application are disposed of in above terms with no order as to costs.

[MADHAV J. JAMDAR, J.]