Bombay High Court
SUBHASH RAYAPPA PRABHUversusDINESH MARIAPPA PRABHU AND ORS
- Decided
- Disposal
- Disposed Off
- Bench
- SHIVKUMAR DIGE
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The appeal is allowed to be withdrawn with liberty to file a fresh appeal before the Sessions Court.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 The Court, after considering the submission, allowed the withdrawal and directed that the appeal be dismissed as withdrawn.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Appeal is allowed to be withdrawn with aforesaid liberty.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 Appeal is dismissed and disposed of as withdrawn.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.)
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