Bombay High Court

SUNITA BHAGIRATH MHASE AND OTHERSversusVITTHAL S/O BAHINAJI WIGHAVE AND ANOTHER

Disposal: DISPOSED OFF

Holding

The criminal revision application is infructuous and is therefore disposed of.

Summary

The petitioners Sunita Bhagirath Mhase and others filed a criminal revision under Section 201 of the Criminal Procedure Code, challenging an order of the trial court. The prosecution subsequently filed an ‘A’ Summary report before the trial court, which the petitioners argued extinguished the cause of action. The learned judge considered whether the filing of the summary report rendered the revision application infructuous. Finding that the summary report indeed terminated the pending criminal proceeding, the court held that the revision could no longer be entertained. Consequently, the revision application was disposed of as infructuous and the interim relief previously granted was vacated.

Issues considered

Whether the filing of an ‘A’ Summary report by the prosecution extinguishes the cause of action for a pending criminal revision application.

Subjects

criminal revision
summary report
cause of action
interim relief
infructuous

Judgment

2026:BHC-AUG:42953


                                                                               201.21revn
                                                   (1)

                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                       25 CRIMINAL REVISION APPLICATION NO. 201 OF 2021

                            SUNITA BHAGIRATH MHASE AND OTHERS
                                          VERSUS
                         VITTHAL S/O BAHINAJI WIGHAVE AND ANOTHER
                                                   …..
                 Mr S. S. Munot, Advocate h/f Mr A. D. Ostwal, Advocate for
                 Applicants
                 Mr S. N. Deshmukh, Advocate for Respondent No.1
                 Mr A.A.A. Khan, APP for Respondent No.2/State
                                                …..
                                         CORAM : SUSHIL M. GHODESWAR, J.

                                               DATE : 21st SEPTEMBER, 2026
                 P. C. :


                 1.           Mr Munot, learned Advocate holding for Advocate Mr
                 Ostwal for the applicants submits that, since the prosecution has filed
                 an ‘A’ Summery report before the learned Trial Court, the cause of
                 action in the instant matter does not survive and the revision
                 application has become infructuous. He, therefore submits that this
                 matter can be disposed of.

                 2.           In view of above, this criminal revision application is
                 disposed of as infructuous.

                 3.           Needless to state that interim relief granted by this Court
                 in this matter, stands vacated.



                                                     [SUSHIL M. GHODESWAR, J.]
                 sjk

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