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Bombay High Court

LAXMAN MAROTI BASWARversusTHE STATE OF MAHARASHTRA

Disposal
DISPOSED OFF

Holding

A revision application becomes infructuous and is to be disposed of when the trial has already progressed beyond the stage challenged.

Summary

The applicant, Laxman Maroti Baswar, filed a criminal revision application challenging the trial court's order that rejected his discharge application. While the revision was pending, the advocate for the informant informed the court that the trial had already progressed to the stage of recording witness evidence. The applicant argued that the trial court's order should be set aside. The court noted that because the trial had moved beyond the point of discharge, the revision could no longer affect the proceedings. Consequently, the court held that the revision had become infructuous and ordered its disposal.

Issues considered

  • What is the effect of a revision application when the trial has already proceeded to recording evidence?

Subjects

  • criminal revision
  • discharge application
  • infructuous
  • trial proceedings

Judgment

2026:BHC-AUG:41030
                                                      (1)               936crirevn47.26




                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                     936 CRIMINAL REVISION APPLICATION NO. 47 OF 2026
                                           Laxman Maroti Baswar
                                                                             ….Applicant
                                                  VERSUS

                                          The State Of Maharashtra
                                                                           …..Respondent


                Mr. A. R. Gaikwad, Advocate for the Applicant
                Mr. C. V. Bhadane, APP for the respondent/State
                Mr. N. R. Thorat, Advocate for the Respondent No. 2

                                            CORAM : SUSHIL M. GHODESWAR, J.
                                               DATE : 04th SEPTEMBER, 2026


                PER COURT :
                1.               During pendency of this Revision Application, Mr.
                Thorat, learned Advocate for the informant submits that trial has
                already proceeded with recording of the evidence of the witnesses.
                2.               The Applicant is challenging the order passed by the
                learned trial Court thereby rejecting the discharge Application.
                3.               Since the trial is already proceeded further according to
                the learned Advocate for the informant, the revision has become
                infructuous.
                4.               Hence, the Revision Application is disposed of as
                infructuous.



                                                   [SUSHIL M. GHODESWAR, J. ]
                VishalK/936crirevn47.26



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