Bombay High Court

FAYEEM SHAFI DESHMUKH AND OTHERSversusTHE STATE OF MAHARASHTRA

Disposal: DISPOSED OFF

Holding

The revision application is dismissed with liberty to re‑file before the Sessions Court.

Summary

The applicants filed a criminal revision application before the High Court instead of the Sessions Court, realizing the error and seeking the court’s permission to withdraw the filing and re‑file in the proper forum. The learned counsel for the applicants requested liberty to withdraw the revision and re‑file before the Sessions Court. The Court considered whether such a withdrawal could be permitted. It held that the applicants may be allowed to withdraw the revision application and re‑file in the appropriate court. Consequently, the revision application was dismissed with liberty to file before the Sessions Court, and the case was marked as disposed.

Issues considered

Whether the High Court can permit withdrawal of a criminal revision application filed in error and allow re‑filing before the appropriate Sessions Court.

Subjects

criminal procedure
revision
jurisdiction
withdrawal
filing error
high court

Judgment

2026:BHC-AUG:43166




                                                  -1-

                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                            920 CRIMINAL APPLICATION NO. 1913 OF 2025
                                      IN REVNST/5518/2025

                            FAYEEM SHAFI DESHMUKH AND OTHERS
                                          VERSUS
                                THE STATE OF MAHARASHTRA
                                           WITH
                   CRIMINAL REVISION APPLICATION (STAMP) NO. 5518 OF 2025

                                   FAYEEM SHAFI DESHMUKH AND OTHERS
                                                 VERSUS
                                       THE STATE OF MAHARASHTRA

              Mr.V.P.Raje, Advocate for the Applicants.
              Mr.A.A.A.Khan, APP for the Respondent/State.

                                      ( CORAM : SUSHIL M. GHODESWAR, J. )

                                        DATE : 23rd SEPTEMBER, 2026

              PER COURT :


              1.             The learned Advocate for the Applicants states that

              inadvertently he has filed Criminal Revision Application before the High

              Court instead of Sessions Court. He, therefore, seeks permission for

              withdrawal of the instant revision application with liberty to file it

              before the Sessions Court.



              2.             In that view of the matter, the instant Revision Applicants


              khs/Sept.2026/1913
                                  -2-

stands dismissed with liberty as prayed for.



3.             In view of withdrawal of the instant Criminal Revision

Application, Cri.Appl.No.1913/2025 does not survive, hence also stands

disposed of.


                                      ( SUSHIL M. GHODESWAR, J.)




khs/Sept.2026/1913

Continue reading with your account

Checking your session…