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Bombay High CourtAPL/146/2026disposed off

Purushothama Gopalakrishna Rao v. State Of Maharashtra

2026-02-06Hon'Ble Shri Justice Ashwin D. Bhobe2 pages

Gitalaxmi 914-APL-146-2026.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 146 OF 2026 Purushothama Gopalakrishna Rao ...Applicant

Versus

The State of Maharashtra

...Respondent

__________ Mr. Shyamrishi Pathak, learned Advocate for the Applicant. Mr. Sukanta A. Karmakar, learned A.P.P. for the State/Respondent. PSI Mr. Sandip Jarande attached to Nirmal Nagar Police Station is present in the Court.

__________ CORAM :

ASHWIN D. BHOBE, J.

DATE :

6th FEBRUARY 2026.

P.C. :

1.

Heard Mr. Shyamrishi Pathak, learned Advocate for the Applicant and Mr. Sukanta Karmakar, learned A.P.P. for the State/Respondent.

2.

By the present Criminal Application, the Applicant has sought for the following substantive relief in terms of prayer clause (A) :- "[A] That, this Hon'ble Court may kindly be pleased to invoke its inherent jurisdiction vested by virtue of Section 528 of Bhartiya Nagarik Suraksha Sanhita, 2023 and/or 482 of Cr. P.C. and kindly be pleased to quash FIR No. 772 of 2022 and subsequent charge-sheet registered with Nirmal Nagar Police Station for offence punishable u/s. 377, 376, 376D, 420, 506, 354, 511, 120B r/w Section 34 of Indian Penal Code, pending on the file of Additional Sessions Judge for Greater Mumbai

Gitalaxmi 914-APL-146-2026.doc vide Sessions Case No. 787 of 2022."

3.

Mr. Shyamrishi Pathak, learned Advocate for the Applicant tenders a photostat copy of the order dated 03.02.2026, passed by this Court in Criminal Application No. 541 of 2023. Same is taken on record and marked as "X" for identification. He submits that the subject matter of the said Criminal Application was the First Information Report No. 772 of 2022 dated 06/07/2022 registered with Nirmal Nagar Police Station, Mumbai. He submits that the said FIR No. 772 of 2022 is also the subject matter of this Criminal Application filed by the Applicant (Purushothama Gopalakrishna Rao). He submits that the present Criminal Application No. 146 of 2026 is rendered infructuous in view of the order dated 03.02.2026, passed in Criminal Application No. 541 of 2023. He therefore requests for disposal of this Criminal Application. 4.

Mr. Sukanta Karmakar, learned A.P.P. for the State/Respondent confirms the said position and submits that nothing would survive in the present Criminal Application in view of the order dated 03.02.2026, passed in Criminal Application No. 541 of 2023.

5.

In view of the statement made by Mr. Shyamrishi Pathak, Criminal Application No. 146 of 2026 is disposed of as infructuous. [ASHWIN D. BHOBE, J.] by GITALAXMI KRISHNA KOTAWADEKAR Date:

2026.02.10 19:27:08 +0530 GITALAXMI KRISHNA KOTAWADEKAR