Bombay High Court

GANESH JIVANRAO SHINDEversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal: DISPOSED OFF
Bench: ABHAY MANTRI

Holding

The revision application is infructuous and must be disposed of because the trial against the deceased accused has been abated.

Summary

The applicant, Ganesh Jivanrao Shinde, filed a criminal revision application challenging a trial court order. During the pendency of the application, the co‑accused, Ganesh Shinde, died, leading the trial court to abate the proceedings against him on 22‑11‑2023. The trial court subsequently deleted the deceased accused from the charge sheet and proceeded only against Accused No. 1. The respondent counsel submitted the case status report confirming the death and abatement. The High Court observed that the death of the accused rendered the revision application moot. Consequently, the Court disposed of the revision application as infructuous.

Issues considered

Whether a criminal revision application remains maintainable when an accused dies and the trial against him is abated

Subjects

criminal revision
abated trial
death of accused
infructuous application
High Court of Bombay

Judgment

2026:BHC-AUG:22993
                                                  (1)          939crirevapln105.21.odt




                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                     939 CRIMINAL REVISION APPLICATION NO. 105 OF 2021
                                   GANESH JIVANRAO SHINDE
                                                                           ….Applicant
                                               VERSUS

                        THE STATE OF MAHARASHTRA AND ANOTHER
                                                        …..Respondents


                Mr. R. D. Raut, APP for the respondents/ State
                Mr. Avinash Al. Khande, Advocate for the Respondent No. 2

                                                  CORAM : ABHAY J. MANTRI, J.
                                                     DATE : 12th JUNE, 2026


                PER COURT :

                1.          None appears for the Applicant when the matter is called

                out.

                2.          Learned Advocate for the Respondent No. 2 submitted

                that during the pendency of this Application, as well as the trial, the

                Applicant/Accused No. 2- Ganesh Shinde expired. Accordingly, the

                learned trial court abated the trial against him on 22-11-2023.

                3.          Accordingly, a copy of the case status report was obtained

                from the official website of the Additional Sessions Court, Majalgaon.

                4.          On perusal of the Roznama dated 22-11-2023, it appears

                that the learned trial court has categorically observed that Accused No.

                2 died. Therefore, his name was deleted as abated from the array of
                                                                                   1 of 2
                                       (2)          939crirevapln105.21.odt




the Accused. Accordingly, the learned trial court framed the charge

against Accused No. 1 on 22-11-2023. Thus, it seems that this

Revision Application has become infructuous.

5.                In view of the above, the Revision Application is disposed

of as infructuous.



                                             [ABHAY J. MANTRI, J. ]
VishalK/939crirevapln105.21.odt




                                                                        2 of 2

Continue reading with your account

Checking your session…