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High Court of Gujarat

LALJIBHAI HIRJIBHAI KHARADIversusSTATE OF GUJARAT

Decided
Disposal
DISPOSED AS INFRUCTUOUS

Holding

The revision application was dismissed as infructuous because the matter had already been finally decided by the lower court.

Summary

The petitioner filed a criminal revision application (R/CR.RA/115/2011) challenging an order of a subordinate court. While the revision was pending, the learned magistrate finally decided the proceedings that had been remanded by the Sessions Court. The petitioner’s counsel chose not to press the revision since the matter was already concluded. Consequently, the High Court held that the revision application had become infructuous. The application was therefore disposed of as infructuous, with liberty to revive it if any difficulty arises.

Issues considered

  • What is the appropriate disposition of a revision application when the subject matter has been finally decided by the lower court during the pendency of the revision?

Subjects

  • revision
  • infructuous
  • criminal procedure
  • High Court
  • order disposal

Judgment

     R/CR.RA/115/2011                                                      ORDER DATED: 01/04/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/CRIMINAL REVISION APPLICATION (AGAINST ORDER PASSED BY
             SUBORDINATE COURT) NO. 115 of 2011

==========================================================
                              LALJIBHAI HIRJIBHAI KHARADI
                                         Versus
                                   STATE OF GUJARAT
==========================================================
Appearance:
MR JV JAPEE(358) for the Applicant(s) No. 1
MR ROHAN RAVAL, APP for the Respondent(s) No. 1
==========================================================
  CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                                         Date : 01/04/2026

                                           ORAL ORDER


         In view of the fact that during pendency of revision application,
learned Magistrate concerned has been pleased to                                    nally decide the
proceedings remanded by the Sessions Court.

         In view of the above, learned counsel for the applicant does not press
this application as having become infructuous. Accordingly, present
application stands disposed of as having become infructuous. Liberty to
revive in case of any di          culty.



                                                                      (HASMUKH D. SUTHAR,J)
SUCHIT




     Original copy of this order has been signed by the Hon'ble Judge.
     Digitally signed by: PATEL SUCHIT JAYESHBHAI(HC01083), Private Secretary, at High Court of Gujarat on 01/04/2026 15:28:33


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