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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  • Whether a pending revision application filed within the limitation period can be withdrawn and the limitation issue be condoned.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.



                                                        Page 1 of 2
                                                       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.)




                                    Page 2 of 2


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