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Bombay High Court

MOHD ABDUL KALIM SIDDIQUE S/O ABDUL RASHID SIDDIQUEversusUMME AMERA W/O MOHD ABDUL KALIM SIDDIQUE AND ANOTHER

Disposal
DISPOSED OFF

Holding

The criminal revision is infructuous and disposed, and consequently the delay‑condonation application is also disposed.

Summary

The petitioner filed a criminal revision (St.No.253/2014) challenging an order dated 06‑09‑2008 passed by the Chief Judicial Magistrate, Beed, in Misc. Criminal Application No.230/2006. The court found that the original proceeding had already been disposed of, leaving no surviving cause of action. Consequently, the revision was held to be infructuous and was disposed of. Because the revision was disposed, the accompanying criminal application (No.6137/2014) filed for condonation of delay also had nothing to adjudicate and was likewise disposed. The judgment therefore dismissed both the revision and the delay‑condonation application.

Issues considered

  • Whether a criminal revision is maintainable when the original proceeding has been fully disposed and no cause of action remains
  • Whether a delay‑condonation application can proceed when the underlying revision is infructuous

Subjects

  • criminal revision
  • delay condonation
  • infructuous
  • disposal of cause of action
  • Criminal Procedure Code

Judgment

2026:BHC-AUG:46796




                                                    -1-

                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                            905 CRIMINAL APPLICATION NO. 6137 OF 2014
                                       IN REVNST/253/2014

                 MOHD ABDUL KALIM SIDDIQUE S/O ABDUL RASHID SIDDIQUE
                                       VERSUS
               UMME AMERA W/O MOHD ABDUL KALIM SIDDIQUE AND ANOTHER

                                   ( CORAM : SUSHIL M. GHODESWAR, J. )

                                       DATE : 6th OCTOBER, 2026

              PER COURT :


              1.             Cri.Revision Application St.No.253/2014 is arising out of
              the proceedings filed before the Chief Judicial Magistrate, Beed and
              order     passed    by   him   on    06.09.2008    in   Misc.Cri.Application
              No.230/2006. The original matter appears to be disposed of.


              2.             In that view of the matter, no cause of action survives.
              Hence Criminal Revision Application stands disposed of, as infructuous.


              3.             In view of disposal of Criminal Revision Application,
              nothing survives in the Criminal Application No.6137/2014, which was
              filed for delay condonation.        Accordingly, Cri.Application also stands
              disposed of.



                                                       ( SUSHIL M. GHODESWAR, J.)


              khs/Oct.2026/6137


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