Bombay High Court
Mitali mayekarversusKishore Vichare
- Disposal
- Disposed Off
Holding
The revision application is infructuous and is disposed of as withdrawn, with liberty to the complainant to withdraw the deposited compensation.
Summary
The applicant filed a criminal revision challenging the judgment of the Judicial Magistrate First Class, Ratnagiri, affirmed by the Sessions Court, which ordered the accused to pay Rs.2,00,000 compensation and undergo one year of simple imprisonment. The accused has fully complied by depositing the compensation and serving the entire sentence, and has been released from jail. The applicant sought a withdrawal of the deposited amount and the disposal of the revision as it had become moot. The Court held that, since the sentence has been fully executed and the compensation paid, the revision is infructuous. Accordingly, the revision was disposed of as withdrawn, with liberty granted to the complainant to withdraw the deposited amount. No costs were awarded.
Issues considered
- Whether a criminal revision remains maintainable after the accused has fully served the sentence and paid the ordered compensation
- Whether the court can order the withdrawal of compensation deposited with the magistrate
Subjects
- criminal revision
- compensation
- simple imprisonment
- withdrawal of deposit
- infructuous application
- judicial magistrate
Judgment
25-IA-197-2026-(CR).docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CRI-INTERIM APPLICATION NO. 197 OF 2026
IN
CR. REVISION APPLICATION NO. 33 OF 2018
Mitali Mayekar … Applicant
V/s.
Kishor Vichare … Respondent
WITH
CRI-INTERIM APPLICATION NO. 2056 OF 2021
IN
CR. REVISION APPLICATION NO. 33 OF 2018
WITH
CRI-INTERIM APPLICATION NO. 2057 OF 2021
IN
CR. REVISION APPLICATION NO. 33 OF 2018
Kishor Anant Vichare … Applicant
V/s.
Mitali Milind Mayekar And Anr … Respondents
IRESH Mr. Farhan Shaikh (VC) i/b Mr. Khandeparkar and Associates for
MASHAL
Digitally signed
the Applicant in Interim Application No. 197/2026 and for
by IRESH
MASHAL
Date:
Respondent in Revision Application No. 33 of 2018
2026.10.05
12:12:11 +0530
Ms. Twinkal Kotawadekar, advocate for Respondent No.1(Original
accused)
Mr. Avinash Naik, APP for the State
CORAM : RAJESH S. PATIL, J.
DATED : OCTOBER 1, 2026
P.C.:
1. Learned counsel Mr. Farhan Shaikh holding for Khandeparkar
and Associates for the Complainant, submits that the accused has
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25-IA-197-2026-(CR).docx
filed this Criminal Revision Application challenging the judgment
and order dated 16 March 2016 passed by the learned Judicial
Magistrate First Class, (For short ‘JMFC’) Ratnagiri, confirmed by
the learned Sessions Court, Ratnagiri vide Judgment and Order
dated 3 January 2018. He submits that as per the impugned order,
the accused was directed to pay compensation of Rs.2,00,000/- and
to undergo simple imprisonment (modified by the Sessions Court
as simple imprisonment) for a term of one year. He further submits
that the amount of Rs.2,00,000/- has been deposited by the
accused with the JMFC, Ratnagiri and the accused has also
undergone simple imprisonment of one year. Therefore, the
Complainant be permitted to withdraw the amount deposited and
the present Revision Application can be disposed of.
2. In view of the fact that the Accused has undergone the entire
sentence and has deposited the amount of Rs.2,00,000/- and she
being released from the jail, this Criminal Revision Application has
now become infructuous. Hence, Criminal Revision Application
stands disposed of as withdrawn with liberty to the Complainant to
withdraw the amount of Rs.2,00,000/- deposited by the accused
with the JMFC, Ratnagiri.
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25-IA-197-2026-(CR).docx
3. No cost.
4. All concerned to act upon an authenticated copy of this order.
5. In sequel, all pending Interim Applications/Civil Applications,
if any, stand disposed of accordingly.
(RAJESH S. PATIL, J.)
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