Bombay High Court

WASIM KHAN S/O. YUSUF KHANversusANJUM MUMTAZ W/O. WASIM KHAN AND OTHERS

Disposal: DISPOSED OFF

Holding

Both the criminal application and the revision are infructuous and are disposed of.

Summary

The applicant, Wasim Khan, filed a criminal application (No. 3133 of 2018) and a revision (Rev. No. 315/2018) before the Bombay High Court, Aurangabad bench. He argued that the trial court had already disposed of the main criminal matter during the pendency of these applications. He contended that because the main matter was disposed, the cause of action for the pending applications no longer existed. The learned judge examined the claim and noted that the disposal of the main case indeed extinguished any surviving cause of action. Consequently, the court held that both the criminal application and the revision were infructuous. The applications were therefore disposed of as infructuous.

Issues considered

Whether the criminal application and the revision remain maintainable when the main criminal matter has been disposed and the cause of action no longer survives.

Subjects

criminal application
revision
infructuous
cause of action
disposal of main matter

Judgment

2026:BHC-AUG:46751


                                               *1*                     53appln3133o18


                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                           CRIMINAL APPLICATION NO. 3133 OF 2018
                                    IN REVNST/315/2018
                             WASIM KHAN S/O. YUSUF KHAN
                                          VERSUS
                   ANJUM MUMTAZ W/O. WASIM KHAN AND OTHERS
                                             ...
                Shri Shaikh Moinuddin N., Advocate for the Applicant.
                                             ...


                                   CORAM : SUSHIL M. GHODESWAR, J.

                                   DATE : 05 October 2026


                P. C. :-

                1.            The learned advocate for the applicant states that

                during the pendency of the instant matter, the Trial Court has

                disposed of the main matter. Hence, the cause of action does not

                survive.


                2.            In view of the above statement, the Criminal

                Application as well as the Revision Application are disposed of

                as being infructuous.




        kps                              ( SUSHIL M. GHODESWAR, J. )

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