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Bombay High Court

ASHABAI @ ASHAMATI BHARAT LIPNE AND ANOTHERversusTHE STATE OF MAHARASHTRA

Disposal
DISPOSED OFF

Holding

The court held that the criminal revision application is infructuous and ordered its disposal.

Summary

The petitioners sought disposal of their criminal revision application on the ground that the passage of time had rendered the matter infructuous. The learned counsel for the applicants argued that continuing the proceedings would be futile. The court examined the claim of infructuity and found no substantive impediment to disposing of the application. Consequently, the criminal revision application was ordered to be disposed of as infructuous. Following this, the original criminal application was also deemed not to survive and was likewise disposed.

Issues considered

  • Whether the criminal revision application should be declared infructuous and disposed of due to the passage of time?

Subjects

  • criminal revision
  • infructuous
  • procedural disposal
  • passage of time

Judgment

2026:BHC-AUG:38443


                                                                               292.24appln
                                                      (1)

                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                          17 CRIMINAL APPLICATION NO. 292 OF 2024
                                        IN / WITH
                     CRIMINAL REVISION APPLICATION (ST.) NO.767 OF 2024

                       ASHABAI @ ASHAMATI BHARAT LIPNE AND ANOTHER
                                          VERSUS
                                THE STATE OF MAHARASHTRA
                                                      …..
                 Mr N. J. Patil, Advocate for Applicants
                 Mr M. A. Aher, APP for Respondent/State
                                                  …..
                                            CORAM : SUSHIL M. GHODESWAR, J.

                                              DATE : 24th AUGUST, 2026
                 P. C. :


                 1.           Mr Patil, learned Advocate for the applicants states that

                 due to passage of time, this matter has become infructuous.          He,

                 therefore, prays for disposal of this matter being infructuous.


                 2.           In view of the above, this criminal revision application

                 stands disposed of as infructuous.


                 3.           In view of disposal of criminal revision application,

                 criminal application does not survive and the same is also disposed of.




                                                        [SUSHIL M. GHODESWAR, J.]
                 sjk


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