Citation : 2025 Latest Caselaw 6732 Tel
Judgement Date : 25 November, 2025
THE HONOURABLE SRI JUSTICE N.TUKARAMJI
WRIT PETITION No. 13931 OF 2016
O R D E R:
This Writ Petition is filed under Article 226 of the Constitution of
India seeking the following relief:
"...to issue a writ order or direction, especially one in the nature of MANDAMUS, directing the Respondent No. 2 to conduct investigation proceedings in FIR No. 338/2015 dated 16-07-2015 under Sections 381, 406 and 420 as per the provisions of the Criminal Procedure Code and pass such further other orders..."
2. None appeared on behalf of the petitioner.
3. Learned Assistant Government Pleader for Home, Mr. D. Pradeep,
appearing on behalf of respondent Nos. 1 and 2, submits that Crime No.
338 of 2015 was duly investigated, and upon completion of the
investigation, a charge sheet was filed. The case was thereafter taken
cognizance of as C.C. No. 498 of 2016 on the file of the learned XIII
Additional Judicial Magistrate of First Class, Rajendranagar. It is further
submitted that, after due trial, the case culminated in an acquittal by
judgment dated 09.01.2018. Hence, the learned Assistant Government
Pleader contends that, in view of the completion of the investigation and
conclusion of trial, the grievance of the petitioner does not survive for
adjudication.
4. I have perused the material available on record.
5. The grievance of the petitioner is that respondent No. 2 failed to
conduct a proper investigation into F.I.R. No. 338 of 2015. However, from
the submissions made on behalf of the respondents and the record
produced, it is evident that the said crime was duly investigated, followed
by the filing of a charge sheet, trial, and eventual acquittal of the accused
on 09.01.2018.
6. In light of these developments, it is manifest that the cause of
action for the petitioner no longer survives and nothing further remains for
adjudication in the present proceedings. Accordingly, the Writ Petition
stands dismissed as infructuous. There shall be no order as to costs.
Pending miscellaneous applications, if any, shall stand closed.
_______________ N.TUKARAMJI, J
Date: 25.11.2025 svl
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