Bombay High Court
SHASHIKIRAN JANARDHAN SHETTYversusSUB DIVISIONVAL OFFICER AND ANR
- Decided
- Disposal
- Disposed Off
- Bench
- ASHWIN D BHOBE
Holding
The Court allowed the applicant to withdraw the present application and granted liberty to file a criminal revision under Section 438 of the BNSS before the Sessions Court within 15 days, with condonation of delay.
Summary
The applicant, Shashikiran Janardhan Shetty, filed an application seeking to quash a criminal complaint (R.C.C. No. 7 of 2019) pending before the Judicial Magistrate First Class, Uran. The State objected, contending that the order issuing the complaint is revisable under Section 438 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and that the applicant should instead seek relief via a criminal revision before the Sessions Court. The applicant requested permission to withdraw the present application and to file a revision, arguing that the limitation period for the revision had expired and asking for a liberal approach to the delay. The State agreed not to oppose a revision application if it were filed within 15 days, along with a request for condonation of delay. The Court granted the applicant leave to withdraw the application and liberty to file a revision under Section 438 before the Sessions Court within the stipulated 15‑day period, directing that the delay be construed liberally. Consequently, the criminal application was disposed of with the granted liberty.
Issues considered
- Whether the application to quash the complaint is maintainable or is a revisable order under Section 438 of the BNSS
- Whether the applicant may be permitted to withdraw the application and file a criminal revision despite the expiry of the limitation period
Legislation cited
Subjects
- quash complaint
- criminal revision
- Section 438
- BNSS
- limitation period
- condonation of delay
- withdrawal of application
- criminal appellate jurisdiction
Judgment
15-APL-41-2026.doc
Digitally signed
by GAYATRI
GAYATRI RAJENDRA
RAJENDRA SHIMPI IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SHIMPI Date:
2026.01.21
19:55:19 +0530
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 41 OF 2026
Shashikiran Janardhan Shetty … Applicant
V/s.
Sub Divisionval Officer & Anr. … Respondents
---
Mr. Hrishikesh Chavan a/w Mr. Shehzad A. K. Najam-es-sani, Ms.
Shreya S., i/b Mr. Maneksha & Sethna, Advocates for Applicant.
Ms. Pallavi Dabholkar, APP for Respondent – State.
---
CORAM : ASHWIN D. BHOBE, J.
DATE : 17th JANUARY, 2026.
P.C. :
1. By the present Application, Applicant has sought for
the following substantive reliefs :-
“(a) this Hon’ble Court be pleased to quash the
complaint and entire proceedings thereunder
being R.C.C. No. 7 of 2019 pending on the file of
Ld. Judicial Magistrate First Class, Uran;”
2. Ms. Pallavi Dabholkar, learned APP for the State raises
the preliminary objection to the maintainability of this Application
Gayatri shimpi 1
15-APL-41-2026.doc
on the ground that the Impugned order issuing process is a
revisable order under Section 438 of the Bharatiya Nagarik
Suraksha Sanhita, 2023 (for short ‘BNSS’). She submits that the
Applicant has an alternate and efficacious remedy by way of a
Criminal Revision before the Sessions Court at the first instance.
3. Faced with the objection raised by Ms. Pallavi
Dabholkar, learned APP for the State, Mr. Hrishikesh Chavan,
learned Advocate for the Applicant, on instructions from the
Applicant craves leave to withdraw the present Application with
liberty to file Criminal Revision Application before the Sessions
Court. He submits that the Applicant was bonafidely pursuing this
Application before this Court. He submits that the period of
limitation to file the Criminal Revision Application before the
Sessions Court has expired. He therefore requests that the delay in
filing the Revision Application be considered liberally.
4. Ms. Pallavi Dabholkar, learned APP for the State on
instructions fairly submits that if the Applicant files the Revision
Application before the Sessions Court within 15 days from today
Gayatri shimpi 2
15-APL-41-2026.doc
then the Respondent – State will not object the application seeking
condonation of delay. Statement taken on record.
5. In view of the above, the Applicant is granted leave to
withdraw the present Application with liberty to file Revision
Application under Section 438 of ‘BNSS’ before the Sessions Court
having jurisdiction. If the Revision Application alongwith
condonation of delay is filed within 15 days from today, then
considering the statement made by Ms. Pallavi Dabholkar, learned
APP on behalf of Respondent- State, the Sessions Court to liberally
construe the application for condonation of delay in filling the
Criminal Revision Application.
6. Criminal Application No. 41 of 2026 is disposed of
with liberty as above.
(ASHWIN D. BHOBE, J.)
Gayatri shimpi 3
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