Bombay High Court
SEAN TEDDY SEREAOversusNISHITH PATEL AND ANR.
- Decided
- Disposal
- Disposed Off
- Bench
- SHIVKUMAR DIGE
Holding
The appeal is allowed to be withdrawn with liberty to file before the Sessions Court.
Summary
In Criminal Appeal No. 110 of 2015, appellant Sean Teddy Sereao sought to withdraw his appeal against respondents Nishith Patel and another, requesting liberty to re‑file the matter before the Sessions Court, relying on the Supreme Court decision in Celestium Financial v. Ghanasekaran (2005) SC 2099. The High Court considered the counsel’s submission and permitted the withdrawal of the appeal, granting the appellant permission to approach the Sessions Court. The appeal was consequently dismissed as withdrawn. The court further directed the Sessions Court to examine any delay if the appellant later files the application. No substantive merits of the original dispute were addressed, as the procedural request was the sole issue.
Issues considered
- Whether an appellant may be permitted to withdraw a criminal appeal and be granted liberty to re‑file the matter before a lower court.
Subjects
- appeal withdrawal
- criminal procedure
- re‑filing
- procedural law
Judgment
96-APEAL-110-2015.doc
N.S.Kamble
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 110 OF 2015
Sean Teddy Sereao … Appellant
Versus
Nishith Patel And Anr. … Respondents
Digitally signed
NILAM by NILAM
SANTOSH
________________________________________________________
SANTOSH KAMBLE
KAMBLE Date: 2026.01.20
11:31:05 +0530
Mr.Om Latpate i/b Mr.Prashat Badole, for the Appellant.
Mr.S.S. Pednekar, APP for Respondent No.2-State.
________________________________________________________
CORAM : SHIVKUMAR DIGE, J.
DATE : 17th JANUARY, 2026
P.C. :
. Heard learned counsel for Applicant and learned APP for the
Respondent No.2-State.
2. Learned counsel for Appellant on instructions seeks leave to
withdraw this appeal with liberty to file appeal before the learned
Sessions Court as per the view of the Hon’ble Apex Court in the case
Celestium Financial Vs. Ghanasekaran Etc.1
3. Considering the submission of learned counsel for Appellant,
1 (2005) SC 2099.
Page 1 of 2
96-APEAL-110-2015.doc
N.S.Kamble
Appeal is allowed to be withdrawn with aforesaid liberty.
4. Appeal is dismissed and disposed of as withdrawn.
5. Learned Sessions Court shall consider the delay, if appeal is
filed as application was pending before this Court.
(SHIVKUMAR DIGE, J.)
Page 2 of 2
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