Bombay High Court

JENYA S/O. HURJI GAVITversusSANJAYKUMAR SHAH AND OTHERS

Disposal: DISPOSED OFF

Holding

A criminal revision application is dismissed as infructuous when the original case has been fully disposed and no cause of action survives.

Summary

The applicant, Jenya, filed a criminal revision application (St.) No.153 of 2019 challenging an earlier order. The learned trial court had already disposed of RCC No.50/2018 on 10 March 2022, thereby extinguishing any remaining cause of action. Counsel for the applicant argued that, because the earlier case was fully resolved, the present revision was infructuous. The bench examined whether a revision could proceed when the substantive matter had already been adjudicated. Finding that no cause of action survived, the court held the revision application to be infructuous. Consequently, the revision application and the related criminal application No.1647/2019 were both dismissed.

Issues considered

Whether a criminal revision application can be entertained when the original case has already been disposed of and no cause of action remains.

Subjects

criminal revision
infructuous
cause of action
disposal of case
high court

Judgment

2026:BHC-AUG:42948


                                                                            1647.19appln
                                                   (1)

                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                 12 CRIMINAL REVISION APPLICATION (ST.) NO.153 OF 2019
                                        WITH
                        CRIMINAL APPLICATION NO. 1647 OF 2019
                                  IN REVNST/153/2019

                                    JENYA S/O. HURJI GAVIT
                                           VERSUS
                               SANJAYKUMAR SHAH AND OTHERS
                                                  …..
                 Mr Yashsingh Thakur, Advocate for Applicant
                 Ms S. V. Pujari, Advocate h/f Mr S. S. Panale, Advocate for
                 Respondent Nos.2 & 3
                                                  …..
                                           CORAM : SUSHIL M. GHODESWAR, J.

                                               DATE : 21st SEPTEMBER, 2026
                 P. C. :


                 1.           Mr Thakur, learned Advocate for the applicant submits
                 that the learned Trial Court has already disposed of R.C.C. No.50/2018
                 vide order dated 10/03/2022 and as such, no cause of action survives in
                 the instant matter.   He, therefore, submits that this matter can be
                 disposed of as infructuous.
                 2.           In view of the above, this Criminal Revision Application
                 is disposed of as infructuous.
                 3.           In view of disposal of criminal revision application,
                 Criminal Application No.1647/2019 does not survive and the same is
                 also disposed of.



                                                     [SUSHIL M. GHODESWAR, J.]
                 sjk

Continue reading with your account

Checking your session…