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Bombay High Court

DEEPAK NARENDRA AGGARWAL AND ORS.versusTHE STATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

The revision application is rejected as no issue remains after the earlier disposal, and all pending applications are disposed of.

Summary

The State of Maharashtra filed a criminal revision seeking to set aside a Sessions Judge’s order dated 11 June 2024, which discharged the respondents, Deepak Narendra Agarwal and others, under the Explosive Substances Act, 1884 and directed that they be tried under Section 285 of the Indian Penal Code. The High Court had earlier disposed of a related revision (No. 288 of 2023) in favor of the respondents. The present application challenged that earlier order, arguing that the discharge was improper. The Court examined whether the earlier revision order left any surviving issue for further adjudication. Finding that the earlier revision had already resolved the matter, the Court held that the present application was untenable. Consequently, the application was rejected and all pending applications were disposed of.

Issues considered

  • Whether the order of the Sessions Judge discharging the respondents under the Explosive Substances Act, 1884, can be set aside by the revision application.
  • Whether any issue remains for the Court to consider after the disposal of Revision Application No. 288 of 2023.

Legislation cited

Subjects

  • criminal revision
  • explosive substances act
  • IPC 285
  • discharge order
  • appellate jurisdiction
  • high court

Judgment

                                                                                        4-REVN-205-2026 (CR).doc


                              N.S.Kamble


                                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                  CRIMINAL APPELLATE JURISDICTION

                                           CRIMINAL REVISION APPLICATION NO. 205 OF 2026

                              The State Of Maharashtra                        ...Applicant
                              VERSUS
                              Deepak Narendra Agarwal And Ors                 ...Respondents
                              _________________________________________________________________
           Digitally signed
NILAM
           by NILAM
        SANTOSH
                              Mr.S.R. Agarkar, APP, for the Applicant-State.
SANTOSH KAMBLE                Mr.Aamir A. Qureshi a/w Mr.A.K. Gupta, Mr.Vinayak Garje, for the
KAMBLE Date:
        2026.09.24
           18:50:18 +0530
                              Respondents.
                              Mr.Abhay Kale, PSI, Kalamboli Police Station.
                              _________________________________________________________________
                                                                 CORAM          : SHIVKUMAR DIGE, J.
                                                                 DATE           : 23rd SEPTEMBER 2026

                              P.C. :

                              .             The challenge in this Application is to the order dated 11th June

                              2024, whereby the learned Sessions Judge has discharged the Applicants

                              under the Explosive Substances Act, 1884 and directed them to be tried

                              under Section 285 of the Indian Penal Code, as this Court has discharged

                              the Applicants in Revision Application No.288 of 2023, nothing survies in

                              this Application and I pass following order.

                                                                   ORDER

                                             (i)       The Application is rejected.
                                             (ii)      All pending Applications are disposed of.


                                                                                (SHIVKUMAR DIGE, J.)



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