Case Note & Summary
The petitioner, Mahesh Sharma, was a convicted prisoner who filed a Criminal Writ Petition under a misconception that two Demand Drafts of Rs.10,000 and Rs.9,700 were not sent to Lokesh Sharma as desired by him. The petition was filed against the State of Goa, the Superintendent of Central Jail Aguada, and the Cashier Yeshwant Gawas. The documents and affidavit from the Jail Superintendent revealed that the Demand Drafts were sent via postal authorities but were not received by the intended recipient. Subsequently, the drafts were cancelled by State Bank of India at the petitioner's instance, and the amount was credited to his personal cash account with the Jail Authorities. The petitioner had also written letters to the Post Master General regarding the matter. By the time of hearing, the petitioner had been released from prison. The court, after hearing the counsel for both sides, noted that the grievance had been resolved and nothing survived in the petition. Consequently, the petition was dismissed as infructuous.
Headnote
A) Criminal Procedure - Writ Petition - Infructuous Petition - Petitioner released from prison and grievance resolved - Court dismissed petition as nothing survives for adjudication (Para 2).
Issue of Consideration
Whether the petition survives after the petitioner's release from prison and the resolution of the grievance regarding non-receipt of demand drafts.
Final Decision
The petition is dismissed as nothing survives.
Law Points
- Petition becomes infructuous when grievance resolved
- No legal issue survives for adjudication
