Bombay High Court
MIRABAI W/O. DIPAK @ DILIP GHOLAPversusTHE STATE OF MAHARASHTRA AND OTHERS
- Disposal
- Withdrawn
Holding
The criminal revision application is disposed of as withdrawn, with liberty to file a revision before the Sessions Court, and the time spent pursuing the revision before this Court is counted under Section 14 of the Limitation Act.
Summary
The applicant, Mirabai, filed a criminal appeal under Section 378(4) of the CrPC against an order of a Judicial Magistrate. The appeal was later converted into a criminal revision application by this Court. The applicant sought to withdraw the revision and instead file a revision before the Sessions Court, citing delay in doing so. The Court allowed the withdrawal, granting liberty to file the revision before the Sessions Court, and held that the time spent pursuing the revision before this Court would count towards the limitation period under Section 14 of the Limitation Act. Consequently, the revision application was disposed of as withdrawn.
Issues considered
- What is the effect of withdrawing a criminal revision application and seeking liberty to file a revision before a higher court?
- Whether the period spent pursuing the revision before this Court can be counted towards the limitation period under the Limitation Act.
Legislation cited
- Code of Criminal Procedure — s. 378(4)
- Limitation Act — s. 14
Subjects
- criminal revision
- withdrawal
- limitation period
- CrPC
- Limitation Act
Judgment
2026:BHC-AUG:37572
194.18revn
(1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
921 CRIMINAL REVISION APPLICATION NO. 194 OF 2018
MIRABAI W/O. DIPAK @ DILIP GHOLAP
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
…..
Mr H. V. Tungar, Advocate for Applicant
Ms B. B. Gunjal, APP for Respondent No.1
Ms Priyanka Kulkarni, Advocate h/f Mr Shrikant Kawde, Advocate for
respondent Nos.3 to 5
…..
CORAM : SUSHIL M. GHODESWAR, J.
DATE : 19th AUGUST, 2026
P. C. :
1. Learned Advocate Mr Tungar for the applicant fairly
states that, earlier he had filed criminal appeal under Section 378(4) of
the Code of Criminal Procedure against the order dated 09/08/2017,
passed by learned Judicial Magistrate First Class-7, Beed in RCC
No.593/2010. However, subsequently, by virtue of the order of this
Court dated 24/07/2018, this appeal came to be converted into criminal
revision application. He further submits that the applicant is having
remedy to file revision application before the learned Sessions Court
as the impugned order was passed by the learned Judicial Magistrate.
He, therefore, seeks permission to withdraw the instant revision
194.18revn
(2)
application with liberty to file revision application before the learned
Sessions Court. However, he submits that, as there is delay in filing
revision application before the learned Sessions Court, delay be
directed to be considered.
2. In view of the above, this criminal revision application is
disposed of as withdrawn, with liberty as is prayed for. It is made
clear that, as the applicant was pursuing the remedy of a revision
application before this Court, the period shall be considered under
Section 14 of the Limitation Act.
[SUSHIL M. GHODESWAR, J.]
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