Bombay High Court

RAMESH TUKARAM DIWATEversusTHE STATE OF MAHARASHTRA AND ANR

Disposal: Withdrawn

Holding

A criminal revision application may be withdrawn, and any delay incurred shall be considered by the Sessions Court in the subsequent appeal.

Summary

Mr. Ramesh Tukaram Diwate, filing a criminal revision, appeared before the Bombay High Court seeking permission to withdraw the revision and to have the time spent on it condoned under the Limitation Act, as he intended to pursue an appeal before the Sessions Court. The Court considered whether a revision application could be withdrawn and whether the time spent could be taken into account by the lower court. It held that the applicant could withdraw the revision and that any delay incurred would be examined by the Sessions Court in the pending appeal. Consequently, the revision application was disposed of as withdrawn, with liberty granted as prayed. The decision leaves the question of condonation to be addressed by the Sessions Court if delay becomes an issue.

Issues considered

Whether a criminal revision application may be withdrawn by the applicant.
Whether the time spent pursuing the revision can be condoned under the Limitation Act for a subsequent appeal.

Legislation cited

Limitation Act

Subjects

criminal revision
withdrawal
Limitation Act
condonation of delay
procedural law

Judgment

2026:BHC-AUG:38410


                                                                                15.20revn
                                                   (1)

                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                      56 CRIMINAL REVISION APPLICATION NO. 15 OF 2020

                                 RAMESH TUKARAM DIWATE
                                          VERSUS
                            THE STATE OF MAHARASHTRA AND ANR
                                                   …..
                 Mr Ramesh Tukaram Diwate, Applicants/party-in-person
                 Mr S. G. Sangle, APP for Respondent No.1
                                                …..

                                            CORAM : SUSHIL M. GHODESWAR, J.

                                              DATE : 24th AUGUST, 2026

                 P. C. :


                 1.          The applicant/party-in-person Mr Ramesh Tukaram

                 Diwate is present before this Court. He submits that, he may be

                 permitted to withdraw the present revision application.        He then

                 submits that, since he has an alternate remedy to file appeal before the

                 learned Sessions Court, he may be permitted to avail of the same, and

                 the time spent for pursuing this criminal revision application before

                 this Court may be directed to be condoned under the provisions of

                 Limitation Act.


                 2.          In view of the above, this criminal revision application is

                 disposed of as withdrawn, with liberty as is prayed for.
                                                          15.20revn
                               (2)


3.         It is made clear that, the time spent by the revision

applicant in pursuing this criminal revision application shall be

considered by the learned Sessions Court, if the question of delay

arises.




                                 [SUSHIL M. GHODESWAR, J.]
sjk

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