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Bombay High Court

AJIT MOTIRAM VARPEversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal
Withdrawn

Holding

The criminal revision application is dismissed as withdrawn.

Summary

Ajit Motiram Varpe filed a criminal revision application against the State of Maharashtra and another respondent. The applicant's counsel initially sought a pass‑over to take instructions and later requested to withdraw the revision. The respondent's counsel argued that the revision was not maintainable. The Court, noting the withdrawal, dismissed the revision application without detailed reasons, emphasizing that the lower court should continue the proceedings unaffected by the dismissal. The order effectively closes the revision but does not prejudice the ongoing case before the trial court.

Issues considered

  • Whether the criminal revision application was maintainable
  • Effect of the applicant's withdrawal of the revision application on the disposition of the matter

Subjects

  • criminal revision
  • withdrawal of application
  • maintainability
  • procedural law
  • court order

Judgment

2026:BHC-AUG:44226


                                                 *1*                     49revn198o25


                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                     CRIMINAL REVISION APPLICATION NO. 198 OF 2025
                                    AJIT MOTIRAM VARPE
                                            VERSUS
                      THE STATE OF MAHARASHTRA AND ANOTHER
                                                ...
                Shri Savant Vilas P., Advocate for the Applicant.
                Shri M.A. Aher, APP for the Respondents/ State.
                Shri Wagh Pradip Karbhari, Advocate for Respondent No.2.
                                                ...

                                   CORAM : SUSHIL M. GHODESWAR, J.

                                   DATE : 28 September 2026

                P. C. :-

                1.           After hearing the learned advocate for the applicant

                for some time, when this Court had shown disinclination to

                entertain the instant revision application, the learned advocate

                sought a pass-over to take instructions.


                2.           After taking instructions, the learned advocate for

                the applicant seeks permission of this Court to withdraw the

                instant revision application.


                3.           The matter was extensively argued by the learned

                APP in order to point out how the instant revision application is

                not maintainable. Therefore, this Court records appreciation as
                                       *2*                       49revn198o25


      regards the submissions made by the learned APP Shri Aher.


      4.           Since the learned advocate for the applicant is

      withdrawing the revision, therefore, this Court is not giving

      detailed reasons justifying dismissal of the revision application.


      5.           In view of the above, the Criminal Revision

      Application is dismissed as withdrawn.


      6.           However, it is made clear that the Court below shall

      not be influenced by dismissal of the revision application and

      shall proceed with the matter in accordance with law.




kps                             ( SUSHIL M. GHODESWAR, J. )


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