Bombay High Court
Kirankumar Vanmalida PanchasaraversusThe State of Maharashtra
- Decided
- Disposal
- Disposed Off
Holding
The court allowed the withdrawal of the pending revision application and granted liberty to file an appeal under the MPID Act, precluding any limitation objection.
Summary
The applicant, Kirankumar Vanmalida Panchasara, filed a criminal revision application seeking to challenge a decision of the State of Maharashtra. The applicant's counsel requested permission to withdraw the pending revision application and instead file an appeal under the MPID Act, arguing that the revision was filed within the limitation period and thus the limitation issue should be condoned. The court considered the submission that the revision was pending and that withdrawal would not prejudice the respondent. The judge granted leave to withdraw the revision application and allowed the applicant to file an appeal under the MPID Act, directing that the registry should not raise a limitation objection. Consequently, the revision application was disposed of.
Issues considered
- Whether a pending revision application filed within the limitation period can be withdrawn and the limitation issue be condoned.
- Whether the registry can raise a limitation objection if the applicant files an appeal under the MPID Act after withdrawing the revision.
Subjects
- revision application
- limitation
- withdrawal
- appeal
- MPID Act
- criminal procedure
Judgment
50-REVN-170-2026 (CR).doc
Tikam
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL REVISION APPLICATION NO. 170 OF 2026
Kirankumar Vanmalida Panchasara ...Applicant/s
VAISHALI
ANIL Versus
TIKAM The State of Maharashtra ...Respondent/s
Digitally signed
by VAISHALI _________________________________________________________________
ANIL TIKAM
Date:
2026.08.25
10:59:14 +0530 Mr. Ajit Kenjale, Advocate for Applicant (thr. VC).
Mr. M.G. Patil, APP for Respondent-State.
_________________________________________________________________
CORAM : SHIVKUMAR DIGE, J.
DATE : 21st AUGUST, 2026.
P.C. :
1. Heard learned counsel for the Applicant and learned APP.
2. Learned counsel for the Applicant, on instructions, seeks leave
to withdraw this application with liberty to file appeal as provided under
the MPID Act.
3. Learned counsel for the Applicant submits that as revision
application is filed within limitation and it is pending, hence, issue of
limitation be condoned.
4. Considering the submissions of learned counsel for the
Application, leave is granted to withdraw the revision application with
liberty to file appeal under the provisions of MPID Act.
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50-REVN-170-2026 (CR).doc
Tikam
5. If appeal is filed, the Registry shall not raise issue of limitation
as the revision application was pending.
6. Application is disposed of.
(SHIVKUMAR DIGE, J.)
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