Bombay High Court

VIJAY NAMDEV GADEKAR AND ANOTHERversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal: DISPOSED OFF

Holding

The revision application is disposed of as withdrawn, and the condonation of delay application also stands disposed.

Summary

The petitioners filed a criminal revision application seeking condonation of delay, but the High Court expressed disinclination to entertain it. The petitioners then requested permission to withdraw the revision. The Court disposed of the revision application as withdrawn and consequently dismissed the condonation of delay application. It clarified that no merits were considered, so the trial court should not be influenced by this order. Additionally, the High Court Legal Aid Sub‑Committee was directed to pay the fees of the appointed counsel for Respondent No.2.

Issues considered

Whether a criminal revision application can be withdrawn after filing
Effect of withdrawal of a revision application on a pending condonation of delay application
Whether the trial court is bound by a non‑merits order of the High Court

Subjects

revision
withdrawal
condonation of delay
legal aid
high court

Judgment

2026:BHC-AUG:46811




                                                -1-

                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                            911 CRIMINAL APPLICATION NO. 3427 OF 2025
                                      IN REVNST/9384/2025

                              VIJAY NAMDEV GADEKAR AND ANOTHER
                                            VERSUS
                            THE STATE OF MAHARASHTRA AND ANOTHER

              Mr.A.D.Hande, Advocate for the Applicants.
              Mr.C.V.Bhadane, APP for the Respondent/State.
              Ms.Deepali S.Patil (Yenegure), Advocate for          Respondent     No.2
              (Appointed)

                                  ( CORAM : SUSHIL M. GHODESWAR, J. )

                                     DATE : 6th OCTOBER, 2026

              PER COURT :
              0001-01-01

              1.             After hearing the learned Advocates for the respective

              parties and the learned APP, when this Court shown it’s disinclination to

              entertain the Revision Application, the learned Advocate for the

              Applicants seeks permission to withdraw the Revision Application.



              2.             In that view of the matter, the Criminal Revision

              Application stands disposed of, as withdrawn.     In view of disposal of

              the Criminal Revision Application, Cri.Appl.No.3427/2025, filed for

              condonation of delay does not survive, hence also stands disposed of.


              khs/Oct.2026/3427
              0001-01-01
                                  -2-




3.             It is made clear that this Court has not considered the

instant Applications on merit. Hence, the learned Trial Court shall not

influence by the order of this Court.



4.             The High Court Legal Aid Sub Committee, Aurangabad to

pay the fees of the learned Advocate Mr.Deepali Patil (Yenegure), who

was appointed to represent Respondent No.2, as per Rules.




                                        ( SUSHIL M. GHODESWAR, J.)




khs/Oct.2026/3427
0001-01-01

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