Bombay High Court
YUGANDHAR MEKAversusLT. COL. SUJEET KUMAR SINHA AND ORS
- Decided
- Disposal
- Disposed off as Withdrawn
- Bench
- MADHAV JAMDAR
Holding
The court allowed the criminal application to be withdrawn, granting liberty to pursue an appropriate alternate remedy.
Summary
The applicant, Yugandhar Meka, filed a criminal application on 3 April 2025 challenging a Metropolitan Magistrate order dated 4 January 2022. The respondents argued that the application was filed after a delay of over three years and that the proper remedy was a revision, not a criminal application. The applicant sought to withdraw the application while preserving the right to pursue an alternate remedy. The court noted that the withdrawal would be governed by Section 14 of the Limitation Act, 1963 for the period between filing and withdrawal, and that the merits and delay issues remained open. Accordingly, the court permitted the withdrawal of the criminal application with liberty to file an appropriate application before the trial court.
Issues considered
- Whether a criminal application filed after a delay of more than three years is maintainable under the Limitation Act, 1963.
- Whether the existence of an alternate remedy of revision bars the filing of the criminal application.
Subjects
- Criminal application
- Limitation Act, 1963
- Section 14
- Revision
- Procedural law
- Withdrawal of application
Judgment
28-APL-450-2025 (CR).doc
Rohit Ghuge
IN THE JUDICATURE OF HIGH COURT AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 450 OF 2025
Yugandhar Meka ...Applicant
VERSUS
Lt. Col. Sujeet Kumar Sinha And Ors ...Respondents
_______________________________________________________________
Adv. Niranjan Pachupate i/b Parinam Law Associates, for the Applicant.
Mr. Ganesh Patil (through VC) i/b Pravin M. Dabade, for Respondent
No.1.
Mr. S. S. Ghag, APP for Respondent No.2-State.
_______________________________________________________________
CORAM : MADHAV J. JAMDAR, J.
DATED : 27 JULY 2026
P.C.:
1. The challenge in this Criminal Application is to the order dated
4th January 2022 passed by the learned Metropolitan Magistrate, 28 th
Court, Esplanade, Mumbai under Exhibit No.1 in C.C. NO.
2800766/SS/2020.
2. The Criminal Application challenging the said order dated 04 th
January 2022 has been filed on 03rd April 2025.
3. Mr. Patil, learned counsel appearing for Respondent No. 1
submits that the Application has been filed after a delay of about 3
years and 4 months. He further submits that there is an alternate
remedy of Revision to challenge the impugned order.
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28-APL-450-2025 (CR).doc
4. In view of the said contention regarding the alternate remedy
raised by the learned counsel of the Respondent No. 1, Mr. Pachupate,
learned counsel appearing for the Applicant seeks withdrawal of the
application with liberty to adopt an appropriate alternate remedy.
5. The present Application has been filed on 03 rd April, 2025, and is
being withdrawn today i.e. on 27th July 2026. Accordingly, the applicant
shall have the benefit of Section 14 of the Limitation Act, 1963 for the
period from 3rd April 2025 till 27th July 2026.
6. However, all the contentions on merits, as also with respect to the
delay from 4th January 2022 till 03rd April 2025 are expressly kept open.
7. Accordingly, the Criminal Application is allowed to be withdrawn
with liberty as sought.
8. The Applicant is at liberty to file appropriate Application before
the learned Trial Court seeking exemption.
[MADHAV J. JAMDAR, J.]
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