Bombay High Court

SHIVRAJ GURPADAPPA DHARNEversusTHE STATE OF MAHARSHTRA AND OTHERS

Disposal: DISPOSED OFF

Holding

The application is dismissed as infructuous because the original proceedings have already been disposed.

Summary

The applicant filed a criminal application seeking recall of an order dated 25‑04‑2013, which had dismissed an earlier criminal application arising from a writ petition. The court noted that the original criminal matter (Cr. M. A. No. 451 of 2011) had already been fully disposed by a reasoned judgment dated 26‑08‑2023. Since the underlying proceedings were concluded, the present application could not be entertained. The court therefore held that the application did not survive. Consequently, the criminal application was declared infructuous and dismissed.

Issues considered

Whether a criminal application seeking recall of a prior order is maintainable when the original criminal proceedings have already been disposed by a reasoned judgment.

Subjects

criminal application
writ petition
order recall
infructuous
procedure
judgment disposal

Judgment

2026:BHC-AUG:43266
                                                                   37appl3969-13dbt

                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                       37 CRIMINAL APPLICATION NO. 3969 OF 2013
                                   IN WP/1164/2012

                                  Shivraj Gurpadappa Dharne
                                           VERSUS
                              The State Of Maharshtra And Others
                                              ...
            Mr. Joshi Hrishikesh A And A M Awate, Advocate for Applicant-Absent
            Mr. S. A. Gikwad, APP for Respondents State
            Mr. Amol Gandhi, Advocate for other Respondents


                                  CORAM : HITEN S. VENEGAVKAR, J.
                                    Dated : 21st September, 2026
            PER COURT :-

            1.       None appears for the applicant.


            2.       The learned APP submits that the impugned order in the

            present writ petition arose from the proceedings pending at the

            relevant time before the learned JMFC Court No. 5 Latur in Cr. M. A.

            No. 451 of 2011. The record indicates that the said writ petition was

            disposed of by this Court on 18.01.2013. The applicant, thereafter, had

            preferred Criminal Application No. 2295 of 2013. That application was

            also disposed of by order dated 25.04.2013. The present criminal

            application in the original Writ Petition No. 1164 of     2012 is for

            recalling the said order dated 25.04.2013 passed by this Court in

            Criminal Application No. 2295 of 2013.


            3.       Without going into the merits of the matter, the learned APP



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           has tendered a copy of the judgment and order dated        26.08.2023

           passed by the learned JMFC, Court No.5, Latur in the original

           proceedings i.e. Criminal M. A. No. 451 of 2011.    The Perusal of the

           said order shows that the original proceedings itself has been disposed

           by a detailed judgment and order by the learned trial court. The order

           dated 26.08.2013 is taken on record and marked as Exh. X for the

           purpose of identification.


           4.       In the light of the original proceedings from which the

           criminal writ petition and the present application arose in itself has

           been disposed    of by a reasoned order, in that event, the present

           application does not survive.


           5.       In view of the above, the criminal application stands disposed

           of as infructuous.




                                                     (HITEN S. VENEGAVKAR, J.)
JPChavan




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