High Court of Gujarat
HIMATBHAI KALYANBHAI JANI - PROPRIETOR OF SITARAM TRADERSversusSTATE OF GUJARAT
- Decided
- Disposal
- DISPOSED AS INFRUCTUOUS
- Bench
- HASMUKH D SUTHAR
Holding
The revision application is dismissed as infructuous.
Summary
The petitioner, Himatbai Kalyanbhai Jani, filed a criminal revision application challenging an order (Exhibit 13) passed by a subordinate court. The petitioner argued that the main accused had already been acquitted by the learned Sessions Judge, rendering the order moot. The learned counsel for the respondent contended that there was no remaining issue for the court to consider. The High Court examined whether the revision remained maintainable in light of the acquittal. Finding that the order had become infructuous, the Court disposed of the application, discharged the rule, and vacated any interim relief that may have been granted. The decision underscores that a revision cannot proceed when the subject matter no longer exists.
Issues considered
- Whether a criminal revision application remains maintainable when the order challenged has become infructuous due to the acquittal of the accused
Subjects
- criminal revision
- infructuous order
- acquittal
- interim relief
- rule discharge
Judgment
R/CR.RA/650/2013 ORDER DATED: 04/05/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST ORDER PASSED BY
SUBORDINATE COURT) NO. 650 of 2013
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HIMATBHAI KALYANBHAI JANI - PROPRIETOR OF SITARAM TRADERS
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR.DHARMENDRA S BHAYANI(9886) for the Applicant(s) No. 1
MR ROHAN RAVAL, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 04/05/2026
ORDER
Learned advocate for the applicant submitted that the
main accused has already been acquitted by the learned
Sessions Judge, and that in the present application, the
impugned order passed below Exhibit 13 has been challenged.
However, nothing further survives for consideration in the
matter.
In view of the above, the present application stands
disposed of as having become infructuous. Rule is discharged.
Interim relief, if any, stands vacated.
(HASMUKH D. SUTHAR,J)
ALI
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ISTAYAK ALI(HC01093), PRIVATE SECRETARY, at High Court of Gujarat on 04/05/2026 17:57:12
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