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Bombay High Court

SUBHASH RAYAPPA PRABHUversusDINESH MARIAPPA PRABHU AND ORS

Decided
Disposal
Disposed Off

Holding

The appeal is allowed to be withdrawn with liberty to file a fresh appeal before the Sessions Court.

Summary

Subhash Rayappa Prabhu appealed against Dinesh Mariappa Prabhu and others in the Bombay High Court. The appellant sought leave to withdraw the appeal and instead file a fresh appeal before the Sessions Court, relying on the Supreme Court's decision in Celestium Financial v. Ghanasekaran. The learned counsel argued that the precedent permitted such withdrawal with liberty to approach the lower court. The Court, after considering the submission, allowed the withdrawal and directed that the appeal be dismissed as withdrawn. It further directed the Sessions Court to consider any delay if the appellant files a fresh application.

Issues considered

  • Whether an appellant may be permitted to withdraw a criminal appeal and file a fresh appeal before the Sessions Court in view of the precedent set by Celestium Financial v. Ghanasekaran.

Subjects

  • withdrawal of appeal
  • criminal appellate jurisdiction
  • procedural law
  • Sessions Court
  • delay

Judgment

                                                                                            98-APEAL-151-2015.doc



                               N.S.Kamble


                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                          CRIMINAL APPELLATE JURISDICTION

                                                      CRIMINAL APPEAL NO. 151 OF 2015


                               Subhash Rayappa Prabhu                                    … Appellant
                                      Versus
                               Dinesh Mariappa Prabhu And Ors                            … Respondents
            Digitally signed
NILAM   by NILAM
        SANTOSH
                               ________________________________________________________
SANTOSH KAMBLE
KAMBLE Date: 2026.01.20
        11:31:15 +0530
                               None for the Appellant.
                               Mr.B.B. Kulkarni, APP for Respondent-State.
                               Mr.Rajesh B. Parab, for Respondent Nos.2 to 6.
                               ________________________________________________________
                                                                 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
                                                            98-APEAL-151-2015.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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