Bombay High Court
DATTATRAYA S/O MADHUKAR KAPALEversusYOGESH S/O DILIPKUMAR JAISWAL
- Disposal
- DISPOSED OFF
Holding
The revision application is dismissed as infructuous because no operative issue remains.
Summary
The applicant, Dattatraya Kapale, filed a criminal revision seeking relief against the respondent, Yogesh Jaiswal. The trial court had ordered the applicant to deposit a certain amount, which the applicant complied with, and the respondent subsequently withdrew the same amount. The applicant argued that, because the deposit was made and the money returned, there was no longer any subject matter for the revision. The court examined whether any relief could still be granted when the underlying dispute had been fully resolved. Finding that the entire controversy had been extinguished, the court held that the revision application was infructuous. Consequently, the revision was disposed of without further order.
Issues considered
- What is the appropriate disposition of a revision application when the subject matter has been fully resolved and nothing remains to be adjudicated?
Subjects
- revision
- criminal procedure
- infructuous
- deposit
- withdrawal
Judgment
2026:BHC-AUG:37721
176.17revn
(1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
958 CRIMINAL REVISION APPLICATION NO. 176 OF 2017
DATTATRAYA S/O MADHUKAR KAPALE
VERSUS
YOGESH S/O DILIPKUMAR JAISWAL
…..
Mr Sahil S. Jawale, Advocate h/f Mr R. O. Awasarmol, Advocate for
Applicant
…..
CORAM : SUSHIL M. GHODESWAR, J.
DATE : 19th AUGUST, 2026
P. C. :
1. Learned Advocate Mr Jawale holding for Advocate Mr
Awasarmol for applicant states that, during the passage of time, the
applicant has deposited all the amount directed by the learned Trial
Court and respondent has also withdrawn the same. As such, nothing
survives in the instant revision application. He, therefore, submits that
the appropriate orders may be passed.
2. In view of above, as nothing survives in this revision
application, the same is disposed of as infructuous.
[SUSHIL M. GHODESWAR, J.]
sjk
Checking your session…