Bombay High Court

DIRECTORATE OF ENFORCEMENTversusTHE STATE OF MAHARASHTRA

Decided: 11 September 2026
Disposal: Disposed Off

Holding

The Court disposed of the revision application as withdrawn, allowing the applicant to keep the raised contentions open.

Summary

The Directorate of Enforcement filed a criminal revision application before the Bombay High Court against the State of Maharashtra. The applicant’s counsel argued that the application had become infructuous because the second respondent had filed a separate revision seeking a fresh medical bill, which was pending before another judge. The counsel requested permission to withdraw the present application while preserving the substantive contentions raised. The Court, after hearing the applicant’s counsel and noting the respondent’s absence, accepted the submission and disposed of the application as withdrawn, granting liberty to keep the contentions alive for future proceedings. No merits were adjudicated as the matter was deemed procedural.

Issues considered

Whether a criminal revision application can be withdrawn on the ground of being infructuous while preserving the applicant’s substantive contentions

Subjects

criminal revision
withdrawal of application
procedural law
High Court of Bombay
Directorate of Enforcement

Judgment

                                                                           47-REVN-402-2026 (CR).doc


    Shubhada S Kadam


                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CRIMINAL APPELLATE JURISDICTION

                                CRIMINAL REVISION APPLICATION NO. 402 OF 2026

                      Directorate Of Enforcement                                ...Applicant/s
                      Versus
                      The State of Maharashtra and anr.                         ...Respondent/s

                      _________________________________________________________________

                      Mr. Nilesh V. B. Pawaskar along with Ms. Aparna D. Vhatkar,Advocate for
                      Applicant.
                      Mr. S. M. Mangaonkar, APP for Respondent-State.
                      _________________________________________________________________

                                                           CORAM       :   SHIVKUMAR DIGE, J.
                                                           DATE        :   11th SEPTEMBER, 2026.
                      P.C. :

                      1.         Heard learned counsel for the applicant. None present for the
                      respondent.
                      2.             Learned counsel for the applicant submits that the present
                      application has become infructuous, as respondent No. 2 has filed a
                      revision application before this Court seeking a fresh medical bill, which is
                      pending before Justice Milind Jadhav. Learned counsel further submits
                      that he may be permitted to withdraw the present application, while
                      keeping open the contentions raised by the applicant in the present
                      application.
                      3.         Considering his submission, the application is disposed of as
SHUBHADA
SHANKAR               withdrawn, with aforesaid liberty.
KADAM
Digitally signed by
SHUBHADA
SHANKAR KADAM
Date: 2026.09.12
15:56:45 +0530                                                       (SHIVKUMAR DIGE, J.)



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