Bombay High Court

DR. BALKRISHNA RAGHUNATH SHETEversusDR. TANAJI RAJARAM KADAM AND ANR

Disposal: Disposed Off

Holding

The court held that the death of the applicant makes the revision application infructuous and may be disposed of.

Summary

Dr. Balkrishna Raghunath Shete filed a revision application in the Bombay High Court seeking relief against Dr. Tanaji Rajaram Kadam and another respondent. During the pendency of the proceedings, the applicant died. The applicant's counsel then moved the court for leave to withdraw the revision on the ground that the death of the applicant rendered the application infructuous. The court examined whether a revision application could continue after the death of the applicant. Finding that the death extinguished the applicant's locus standi, the court granted leave to withdraw and disposed of the revision as infructuous. Consequently, any interim application, if filed, was also deemed disposed.

Issues considered

Whether the death of the applicant renders a pending revision application infructuous and warrants its disposal

Subjects

revision
infructuous
death of party
criminal procedure
withdrawal of application

Judgment

                                                 11-REVN-57-2017-(CR).docx


         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 CIRCUIT BENCH AT KOLHAPUR
               CRIMINAL APPELLATE JURISDICTION

            CR. REVISION APPLICATION NO. 57 OF 2017

Dr. Balkrishna Raghunath Shete              … Applicant
            V/s.
Dr. Tanaji Rajaram Kadam And Anr            … Respondents

                                WITH

           CR. APPLICATION IN REVISION NO. 51 OF 2017
                               IN
            CR. REVISION APPLICATION NO. 57 OF 2017

Dr. Balkrishna Raghunath Shete              … Applicant
            V/s.
Dr. Tanaji Rajaram Kadam And Anr            … Respondents

Mr. Mohan M. Chavan i/b. Mr. Rajaram Bansode, Advocate for
Applicant.
Mr. Tejas Patil i/b. Vishwanath Talkute, Advocate for respondent
No.1.



                             CORAM      : RAJESH S. PATIL, J.


                             DATED      : SEPTEMBER 24, 2026
P.C.:
1.      The learned counsel appearing for the applicant submits that

the applicant/accused has expired and, therefore, the Revision

Application has become infructuous. He seeks leave to withdraw

the same.


2.      Leave, as prayed for, is granted. The Revision Application

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                                            11-REVN-57-2017-(CR).docx


stands disposed of as infructuous.


3.    In sequel, the Interim Application, if any, also stands

disposed of.



                                         (RAJESH S. PATIL, J.)




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