Bombay High Court

SUBHASH S/O. GUNWANTRAO DHAKAREversusTHE STATE OF MAHARASHTRA

Disposal: DISPOSED OFF

Holding

The Court held that the applications are infructuous and disposed of them accordingly.

Summary

The applicant, Subhash, filed a criminal application and a revision seeking relief, alleging that the proceedings had become infructuous due to the passage of time after the charge was framed and evidence commenced. The learned counsel for the applicant argued that the delay rendered the applications moot. The Court examined the claim and found that, indeed, the charge had been framed and the trial had progressed, making any further relief unnecessary. Consequently, the Court held that the applications were infructuous. The matter was therefore disposed of without granting any relief to the applicant.

Issues considered

Whether the criminal application and revision are maintainable when the charge has been framed and evidence has commenced, rendering the matter infructuous

Subjects

Criminal Procedure
Infructuous Application
Delay
Charge Framing
Evidence Commencement

Judgment

2026:BHC-AUG:38630


                                               *1*                     951appln1758o18


                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                           CRIMINAL APPLICATION NO. 1758 OF 2018
                                    IN REVNST/168/2018
                         SUBHASH S/O. GUNWANTRAO DHAKARE
                                          VERSUS
                               THE STATE OF MAHARASHTRA
                                              ...
                Advocate Neha Udavant h/f Shri Salunke Sudarshan J., Advocate
                for the Applicant.
                Shri A.A.A. Khan, APP for the Respondent/ State.
                                              ...

                                   CORAM : SUSHIL M. GHODESWAR, J.

                                   DATE : 25 August 2026

                P. C. :-

                1.            Learned advocate for the applicant states that by

                efflux of time, the charge came to be framed and the evidence

                has also been commenced.


                2.            In that view of the matter, the instant matter has

                become infructuous. Hence, the Criminal Application as well as

                the Criminal Revision Application are disposed of as infructuous.




        kps                              ( SUSHIL M. GHODESWAR, J. )

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