Bombay High Court
VARSHA MADHUKAR BHANDARKARversusAPURWA KASHINATH DIGHAWKAR AND ANR.
- Decided
- Disposal
- Disposed Off
- Bench
- SHIVKUMAR DIGE
Holding
The High Court may permit withdrawal of a criminal appeal with liberty to re‑file before the Sessions Court.
Summary
Varsha Madhukar Bhandarkar appealed against Apurwa Kashinath Dighawkar and another in a criminal matter. The appellant, through counsel, sought leave to withdraw the appeal and instead file it before the Sessions Court, relying on the Supreme Court's decision in Celestium Financial v. A. Gnanasekaran. The High Court considered the submission and allowed the withdrawal with liberty to approach the Sessions Court. Consequently, the appeal was dismissed and recorded as withdrawn. The Court directed the Sessions Court to assess any delay if the appellant later files the appeal there.
Issues considered
- Whether the appellant may be granted leave to withdraw a criminal appeal pending before the High Court
- Whether the appellant can be given liberty to re‑file the appeal before the Sessions Court in accordance with the precedent set by Celestium Financial v. A. Gnanasekaran
Subjects
- criminal appeal
- withdrawal of appeal
- procedural law
- jurisdiction
- delay
Judgment
138-APEAL-214-2015 (CR).doc
S.S.Kilaje
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 214 OF 2015
Varsha Madhukar Bhandarkar ….Appellant
Versus
Apurwa Kashinath Dighawkar And Anr. …..Respondents
SONALI by
Digitally signed
SONALI
SATISH KILAJE
SATISH Date:
2026.02.03
_________________________________________________________________
KILAJE 15:19:53
+0700
Mr. A.R.Shaikh, Advocate for the Appellant.
Mr. P. P. Jadhav, APP for the Respondent-State.
_________________________________________________________________
CORAM : SHIVKUMAR DIGE, J.
DATE : 2nd FEBRUARY, 2026.
P.C. :
1. Heard learned counsel for the appellant.
2. Learned counsel for the appellant, on instructions, seeks leave
to withdraw the appeal with liberty to file appeal before the learned
Sessions Court as per the view of the Hon’ble Apex Court in the case of
Celestium Financial Vs. A. Gnanasekaran & Etc.1
3. Considering the submission of learned counsel for the appellant,
appeal is allowed to be withdrawn with aforesaid liberty.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 Appeal is dismissed and disposed of as withdrawn.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.)
1 (2005) SC 2099.
Page 1 of 1
Checking your session…