Bombay High Court

SHIVANAND BHAGWANRAO MEHETREversusKAVITA SHIVANAND MEHETRE AND ANOTHER

Disposal: DISPOSED OFF

Holding

The revision application is dismissed as infructuous because the cause of action no longer exists.

Summary

The applicant, Shivananand Bhagwanrao Mehetre, filed a criminal revision (904 CRR No. 237 of 2026) challenging a decision of the trial court. The applicant's counsel argued that the trial court proceedings had been withdrawn, so there was no longer any cause of action to support the revision. The court examined whether a revision could continue when the underlying proceedings no longer exist. Finding that the cause of action had vanished, the court held that the revision was infructuous. Consequently, the revision application was disposed of.

Issues considered

Whether a criminal revision application can be dismissed as infructuous when the underlying trial court proceedings have been withdrawn and no cause of action remains.

Subjects

criminal revision
infructuous
withdrawal of proceedings
cause of action
high court

Judgment

2026:BHC-AUG:43644


                                                                               237.26revn
                                                   (1)

                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                      904 CRIMINAL REVISION APPLICATION NO. 237 OF 2026

                              SHIVANAND BHAGWANRAO MEHETRE
                                          VERSUS
                           KAVITA SHIVANAND MEHETRE AND ANOTHER
                                                   …..
                 Mr A. G. Vasmatkar, Advocate for Applicant
                                                …..

                                              CORAM : SUSHIL M. GHODESWAR, J.

                                               DATE : 24th SEPTEMBER, 2026

                 P. C. :


                 1.          At the outset, learned Advocate Mr Vasmatkar for the

                 applicant states that the proceedings before the learned Trial Court has

                 been withdrawn and the cause of action to prosecute the present

                 revision application does not survive. He, therefore, submits that this

                 matter can be disposed of.


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

                 disposed of as infructuous.




                                                     [SUSHIL M. GHODESWAR, J.]
                 sjk

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