Petition dismissed as infructuous upon petitioner’s death, affirming established practice in criminal writ jurisdiction
Summary
| Category | Data |
|---|---|
| Case Name | WPCR/51/2025 of SANJAY D. PARAB Vs STATE OF GOA, THR. PUBLIC PROSECUTOR AND 2 ORS |
| CNR | HCBM050003262025 |
| Date of Registration | 18-08-2025 |
| Decision Date | 18-08-2025 |
| Disposal Nature | Disposed of (dismissed as infructuous) |
| Judgment Author | Hon’ble Shri Justice Valmiki Menezes |
| Court | Bombay High Court at Goa |
| Bench | Justice Valmiki Menezes; Justice Nivedita P. Mehta |
| Precedent Value | Binding |
| Overrules / Affirms | Affirms existing practice |
| Type of Law | Criminal procedure (writ jurisdiction) |
| Questions of Law | Does petitioner’s death render a criminal writ petition infructuous? |
| Ratio Decidendi |
|
| Facts as Summarised by the Court |
|
| Citations | 2025:BHC-GOA:1518; WPCR/51/2025; CNR HCBM050003262025 |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts |
| Persuasive For | Other High Courts |
| Follows | Established practice on petitions rendered infructuous |
What’s New / What Lawyers Should Note
- Confirms that a criminal writ petition cannot proceed once the petitioner has died.
- Reinforces that courts must dismiss petitions rendered infructuous without reaching merits.
- Highlights registry’s duty to waive office objections and register matters even in short-cause applications.
Summary of Legal Reasoning
- The Court noted that writ petitions require a “live” controversy and a petitioner with a continuing stake.
- Upon the death of the petitioner, the threshold requirement of a live interest is lost.
- In such circumstances, the petition is automatically rendered infructuous.
- The Court therefore dismissed the petition without examining substantive relief.
Arguments by the Parties
Petitioner
- Informed the Court that the complainant/petitioner had died, removing any live interest.
Respondent
- No submissions made in view of petitioner’s death.
Factual Background
The petitioner filed WPCR/51/2025 challenging criminal proceedings. During the hearing, it was conveyed that the complainant and petitioner had expired. With no surviving stakeholder to prosecute the petition, the Court held it infructuous and dismissed it on 18 August 2025.
Procedural Innovations
- Directs registry to waive office objections and register petitions promptly—even in short-cause matters.
Alert Indicators
- ✔ Precedent Followed
Citations
- 2025:BHC-GOA:1518
- WPCR/51/2025
- CNR HCBM050003262025