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Bombay High Court

Rajendra Ravindra RandhirversusSanjeet Pathak

Decided
Disposal
Disposed off as Withdrawn

Holding

The revision application is allowed to be withdrawn with liberty to file an appeal, and the Registry shall not raise a limitation issue if the appeal is filed.

Summary

In a criminal revision application (No. 213 of 2026) filed by Vaishali Anil Tikam against Sanjeet Pathak and others, the applicant sought to challenge a lower court order. The respondent State argued that the revision was not maintainable and that the applicant should instead file an appeal. The applicant, through counsel, requested permission to withdraw the revision and be allowed to file an appeal. The Court, after hearing both sides, permitted the withdrawal of the revision application and expressly granted liberty to file an appeal without raising any limitation bar. Consequently, the revision application was disposed of.

Issues considered

  • Whether the criminal revision application is maintainable or the applicant must file an appeal
  • Whether the applicant may be permitted to withdraw the revision and file an appeal without limitation concerns

Subjects

  • criminal revision
  • appeal
  • procedure
  • withdrawal
  • limitation

Judgment

                                                                          49-REVN-213-2026 (CR).doc

            Tikam

                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  CRIMINAL APPELLATE JURISDICTION

                            CRIMINAL REVISION APPLICATION NO. 213 OF 2026
VAISHALI
ANIL
TIKAM              Rajendra Ravindra Randhir                        ...Applicant/s
                   VERSUS
Digitally signed
by VAISHALI
                   Sanjeet Pathak and Anr.                          ...Respondent/s
ANIL TIKAM
Date:
2026.10.06
17:43:15 +0530     _________________________________________________________________
                   Mr. Ravi S. Jadhav, Advocate for the Applicant.
                   Mr. Amey Patil i/by Shubham Agrahari, Advocate for Respondent No.1
                   Mr. B.B. Kulkarni, APP for Respondent-State.
                   _________________________________________________________________

                                                         CORAM        :   SHIVKUMAR DIGE, J.
                                                         DATE         :   1st OCTOBER 2026.
                   P.C. :

                   1.         Heard learned counsel for the Applicant, learned counsel for

                   Respondent No.1 and learned APP.

                   2.         Learned APP submits that this revision application is not

                   maintainable and the Applicant has to file appeal.

                   3.         Learned counsel for the Applicant, on instructions, seeks leave

                   to withdraw this Revision Application with liberty to file an appeal.

                   4.         Considering the submissions of both learned counsel, Revision

                   Application is allowed to be withdrawn with aforesaid liberty,.

                   5.         If appeal is filed, Registry shall not raise an issue of limitation.

                   6.         Revision Application is disposed of accordingly.



                                                                   (SHIVKUMAR DIGE, J.)


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