Bombay High Court

SUSHILA SUNEET RAUTversusTHE STATE OF MAHARSHTRA

Decided: 17 January 2026
Disposal: Disposed Off
Bench: S M MODAK

Holding

The revision application was dismissed as infructuous because the accused had already been acquitted.

Summary

The applicant filed a criminal revision seeking discharge after a lower court had refused it. While the revision was pending, the applicant (Accused No.3) was acquitted by the Additional Sessions Judge, Palghar, in Sessions Case No.40 of 2010 on 28 October 2021 for offences under Section 313 read with 34 and Section 494 of the Indian Penal Code. The acquittal was evidenced by a copy of the judgment annexed to the record. The High Court held that the revision became infructuous in view of the acquittal and therefore could not proceed. Consequently, the revision application was disposed of as infructuous.

Issues considered

Whether a criminal revision seeking discharge can be entertained after the accused has been acquitted by the trial court?

Legislation cited

Indian Penal Code, 1860 — s. 313, 34, 494

Subjects

criminal revision
discharge
acquittal
infructuous
IPC
Section 313
Section 34
Section 494

Judgment

                                                                                    31. REVN 579 of 2017.doc




                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    CRIMINAL APPELLATE JURISDICTION

                               CRIMINAL REVISION APPLICATION NO. 579 OF 2017

                       Sushila Suneet Raut                               ...Applicant

                                  Vs.

                       The State of Maharashtra                          ...Respondent

                                                          *****
                       None for the Applicant
                       Mr. Hitendra J. Dedhia   APP for the Respondent-State
                                                      *****
                                           CORAM : S. M. MODAK, J.

                                           DATE      : 17th JANUARY 2026


                       P. C. :-

                       1.      This revision application is against an order of refusing discharge

                       of the Applicant. During the pendency of this revision application, the

                       Applicant/Accused No. 3 is acquitted by the Court of additional

                       Sessions Judge, Palghar, in Sessions Case No. 40 of 2010 on 28 th

                       October 2021. It is for the offence punishable under Section 313 read

                       with 34 and under Section 494 of the Indian Penal Code. A copy of

                       the judgement is tendered by learned APP. It is taken on record and

          Digitally
          signed by
SEEMA     SEEMA
          KSHITIJ
KSHITIJ   YELKAR
          Date:
YELKAR    2026.01.20   Seema                                                                           1/2
          11:26:26
          +0530
                                                           31. REVN 579 of 2017.doc




marked as ‘Annexure-X’.

2.      Hence, revision application is disposed of as become infructuous.



                                          (S. M. MODAK, J.)




Seema                                                                         2/2

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