Created by Fuzzy Cloud

Bombay High Court

ISHWAR BABAN CHAVANversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal
DISMISSED

Holding

The application was dismissed as infructuous because the applicants had already been acquitted.

Summary

The applicants, Ishwar Baban Chavan and others, filed Criminal Application No. 3046 of 2023 before the Bombay High Court, Aurangabad Bench, seeking relief. The applicants' counsel submitted that the applicants had been acquitted by an order dated 04.09.2024 in RCC No. 283/2022. The court noted that, given the acquittal, there was no remaining issue for adjudication. Consequently, the court held that the application had become infructuous. The application was therefore dismissed. No further directions were issued.

Issues considered

  • What is the appropriate disposition of a criminal application filed after the applicants have been acquitted?

Subjects

  • criminal procedure
  • acquittal
  • infructuous application
  • dismissal

Judgment

2026:BHC-AUG:39961-DB




                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                                CRIMINAL APPLICATION NO. 3046 OF 2023

                               ISHWAR BABAN CHAVAN AND OTHERS
                                                VERSUS
                             STATE OF MAHARASHTRA AND ANOTHER
                                                   ...
           Mr. R. S. Salve h/f Mr. H. V. Tungar, Advocate for the applicants
           Mr. S. B. Narwade, APP for the Respondent/State

                                                      CORAM : R. M. JOSHI, J.
                                                      DATED     : 2nd SEPTEMBER, 2026

           PER COURT :-

           1.    Not on board. Upon mentioning, taken on board.

           2.    Learned Advocate for the applicants submits that, by order dated

           04.09.2024 passed in R.C.C. No. 283/2022, the applicants have been

           acquitted. In view thereof, nothing survives for consideration in the present

           application.

           3.    In view of the above, the application stands dismissed as having become

           infructuous.


                                                                 ( R. M. JOSHI, J.)
           ssp




           criapln3046.24.odt                                                         1 of 1


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.