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High Court of Gujarat

DEEPAK RAMJI DUNGARIAversusSTATE OF GUJARAT

Disposal
DISPOSED AS INFRUCTUOUS

Holding

A criminal revision application is deemed infructuous and must be disposed of when the substantive application on which it is based has been dismissed.

Summary

The petitioner filed a criminal revision application (No. 315 of 2020) seeking maintenance, after a prior criminal miscellaneous application for condonation of delay (No. 4276 of 2020) was dismissed by the High Court on 30 September 2025. The revision application remained pending because it was inadvertently not disposed of, even though the underlying condonation application had already been dismissed. The Court examined the record and noted that the dismissal of the condonation application rendered the revision application moot. Consequently, the Court held that the revision application had become infructuous. The order formally disposed of the revision application as infructuous.

Issues considered

  • Whether a criminal revision application becomes infructuous when the underlying application for condonation of delay is dismissed

Subjects

criminal revisioncondonation of delayinfructuousprocedural dismissalmaintenance

Judgment

     R/CR.RA/315/2020                                  ORDER DATED: 30/07/2026




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/CRIMINAL REVISION APPLICATION (FOR MAINTENANCE) NO.
                       315 of 2020

========================================================
                        DEEPAK RAMJI DUNGARIA
                                 Versus
                        STATE OF GUJARAT & ANR.
========================================================
Appearance:
MEHUL A SURATI(7870) for the Applicant(s) No. 1
MS CM SHAH, APP for the Respondent(s) No. 1
========================================================

 CORAM:HONOURABLE MS. JUSTICE S.V. PINTO

                             Date : 30/07/2026

                              ORAL ORDER


1.             Perused the office note stating that Criminal Misc.

Application (For Condonation of Delay) No. 4276 of 2020 in

Criminal Revision Application No. 315 of 2020 came to be

disposed of by this Court (Coram: Hon’ble Mr. Justice R.T.

Vachhani) vide order dated 30.09.2025. In view thereof, the

captioned Criminal Revision Application No. 315 of 2020 has

become        infructuous.   Accordingly,        the     present        revision

application is listed today for passing an appropriate order.


2.             Upon perusal of the record, it appears that the

application for condonation of delay came to be dismissed by



                                 Page 1 of 2
       R/CR.RA/315/2020                                                       ORDER DATED: 30/07/2026




this       Court.        However,             the       captioned             Criminal            Revision

Application was inadvertently not disposed of, though it had

already become infructuous in view of the dismissal of the delay

condonation application.


3.                In the aforesaid                      circumstances, the captioned

Criminal Revision Application stands disposed of as having

become infructuous.



                                                                                         (S. V. PINTO,J)
F.S.KAZI



Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: KAZI FARUKHUSEN(HC01075), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 30/07/2026 17:32:33




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