Bombay High Court
KRISHNA BAJIRAO KOLHEversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
Holding
The revision application is disposed of as infructuous because the applicant's acquittal eliminates any remaining controversy.
Summary
The applicant, Krishna Bajirao Kolhe, filed a criminal revision (Rev. App. No. 127 of 2018) challenging the Additional Sessions Judge's order rejecting his discharge application dated 08-11-2017. During the pendency of the revision, the applicant was acquitted in the main trial (Sessions Case No. 161 of 2017). The applicant's counsel argued that the acquittal rendered the revision application moot. The High Court considered whether a revision remains viable after the substantive case has concluded in the applicant's favour. Finding that the acquittal eliminated any remaining controversy, the Court held the revision to be infructuous. Consequently, the revision application was disposed of as infructuous.
Issues considered
- Whether a criminal revision challenging a discharge order becomes infructuous when the applicant is subsequently acquitted in the main trial
Subjects
- revision
- criminal procedure
- discharge application
- acquittal
- infructuous
Judgment
Digitally
signed by
RUSHIKESH
RUSHIKESH VISHNU
VISHNU PATIL
PATIL Date:
2026.09.19
11:17:50
1/2 21 REVN.127.2018.odt
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
REVISION APPLICATION NO. 127 OF 2018
Krishna Bajirao Kolhe .. Applicant
Versus
State of Maharashtra .. Respondent
…
Ms Racheeta Dhuru a/w Mr. Rajtilak Dhuru and Soutrik Kaur,
for the Applicant.
Mr. Tanveer Khan, APP, for the Respondent-State.
CORAM : ASHISH S. CHAVAN, J.
DATE : 17th SEPTEMBER, 2026
...
P.C:-
1. Heard learned counsel, Ms Dhuru, for the Applicant. The
Application questions the rejection of the discharge application
vide order dated 08.11.2017 passed by the learned Additional
Sessions Judge, Pune. The learned counsel for the Applicant
submits that during the pendency of the Revision Application,
the Applicant is acquitted in the main proceedings before the
Trial Court, namely, Sessions Case No. 161 of 2017, and,
thereby, the Revision Application is now rendered infructuous.
In view of the aforesaid submissions made by the learned
Rushikesh
2/2 21 REVN.127.2018.odt
counsel for the Applicant, Criminal Revision Application No.
127 of 2018 stands disposed of as infructuous.
(ASHISH S. CHAVAN, J.)
Rushikesh
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