The High Court held that the criminal revision application was not maintainable as the applicant had already challenged the same order in a subsequent criminal appeal, Criminal Appeal No. 431 of 2007, which was allowed, setting aside the impugned order.
Criminal Revision Application No. 84 of 2007 was dismissed as not maintainable
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
:1:
FARAD CONTINUATION SHEET NO.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE JURISDICTION
CRIMINAL REVISION APPLICATION NO. 84 OF 2007
------------------------------------------------------
Office Notes, Office Court’s or Judge’s
Memoranda of Coram, orders
appearance, Court’s
orders or directions
and Registrar’s orders
------------------------------------------------------
None for the applicant.
Mrs. P.P. Shinde, APP for State.
CORAM: B.H. MARLAPALLE,J.
30/07/2008.
P.C.:
. None appears for the applicant.
. However, the learned APP has
placed before me a copy of the order
passed by this court on 16/6/2007 in
Criminal Appeal No. 431 of 2007 filed by
the present applicant. This court has
allowed the said appeal and it is clear
from the same order dated 16/6/2007 that
during the pendency of this Revision
Application, challenging the order dated
:2:
13/2/2007, the applicant filed Criminal
Appeal No. 431 of 2007 against the very
same order.
. The Criminal Appeal has been
allowed and the order dated 13/2/2007 has
been set aside.
. Hence, this revision application
is dismissed as not maintainable.
(B.H.Marlapalle,J.)
2 issues framed by the court
Whether a criminal revision application is maintainable when the matter was already decided in a subsequent criminal appeal filed by the applicant during the pendency of the revision application.
The maintainability of Criminal Revision Application No. 84 of 2007.
Applicant (unnamed in text)
State
B.H. Marlapalle
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court