Bombay High Court
LAXMINARAYAN S/O. BANKATLALJI LAHOTIversusUMA W/O. PANDURANG MANTRI AND ANR
- Disposal
- DISPOSED OFF
Holding
The court condoned the delay but dismissed the revision as no relief remained.
Summary
Laxminarayan was convicted under Section 13(1) of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 and sentenced to imprisonment till the rising of the court and a fine of Rs.10,000, which he subsequently served and paid. He appealed the conviction, but both the appeal and a subsequent criminal appeal were dismissed. He then filed a criminal revision application (ST) No.329 of 2017, but delayed filing it by 281 days. The High Court, after hearing counsel, condoned the delay but observed that the applicant had already completed the sentence and paid the fine, leaving no surviving relief. Consequently, the revision application was dismissed.
Issues considered
- Whether a delay of 281 days in filing a criminal revision application can be condoned.
- Whether a criminal revision can be entertained when the conviction has already been executed and the fine paid.
Legislation cited
Subjects
- criminal revision
- condonation of delay
- sentence served
- Maharashtra Employees of Private Schools Act
- criminal procedure
- appeal dismissed
Judgment
2026:BHC-AUG:37571
6407.17appln
(1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
902 CRIMINAL APPLICATION NO. 6407 OF 2017
IN/WITH
CRIMINAL REVISION APPLICATION (ST) NO.329 OF 2017
LAXMINARAYAN S/O. BANKATLALJI LAHOTI
VERSUS
UMA W/O. PANDURANG MANTRI AND ANR
…..
Ms Anjali Dube (Bajpai), Advocate for Applicant
Mr C. V. Bhadane, APP for Respondent No.2/State
…..
CORAM : SUSHIL M. GHODESWAR, J.
DATE : 19th AUGUST, 2026
P. C. :
CRIMINAL APPLICATION NO. 6407 OF 2017
1. Heard learned Advocate Ms Dube for the applicant.
2. This is an application for condonation of delay of 281
days caused in filing criminal revision application.
3. For the reasons stated in the application, the same is
allowed. Delay is condoned. This Criminal Application is disposed
of.
6407.17appln
(2)
CRIMINAL REVISION APPLICATION (ST) NO.329 OF 2017
4. This criminal revision application is taken up for final
disposal with the consent of the learned Advocate for the applicant and
the learned APP.
5. The applicant is challenging the order dated 10/11/2016,
passed by the learned Additional Sessions Judge, Latur in Appeal No.
28/2015 and Criminal Appeal No.07/2016. Both these appeals came to
be dismissed. In the said appeals, the appellants had challenged the
order of conviction dated 23/02/2015, passed by the learned Judicial
Magistrate First Class, Latur, wherein the present applicant/accused
came to be convicted for the offence punishable under Section 13(1) of
the Maharashtra Employees of Private Schools (Conditions of Service)
Regulation Act, 1977, thereby sentencing him to suffer sentence till
rising of Court and to pay fine of Rs.10,000/-, in default, to suffer
simple imprisonment of three months.
6. Learned Advocate for the applicant fairly states that the
applicant had undergone the sentence and paid the fine amount.
7. This Court find that the impugned order is passed by the
learned Judicial Magistrate First Class, Latur in 2015 and the appeal
6407.17appln
(3)
came to be dismissed in 2016, thereby confirming the order of the
learned Judicial Magistrate First Class, Latur. This matter was listed
for the first time before this Court on 12/08/2026 and the same was
adjourned today by way of last chance.
8. Today, after hearing the learned Advocate for the
applicant, going through the impugned orders passed by the learned
Subordinate Courts, and considering the fact that the applicant has
already undergone the sentence and paid the fine amount, I am of the
opinion that, nothing survives in this revision application. Hence, this
criminal revision application is disposed off.
[SUSHIL M. GHODESWAR, J.]
sjk
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