Bombay High Court
SMT MEDHA KIRIT SOMAIYAversusSANJAY RAJARAM RAUT AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The revision application is not maintainable and is allowed to be withdrawn with liberty to file an appeal.
Summary
Medha K. Somaiya filed a criminal revision application against Sanjay R. Raut and others, challenging an acquittal order of the Sessions Court. The respondent argued that the proper remedy was an appeal, not a revision, raising a maintainability issue. The applicant’s senior counsel sought to withdraw the revision application while seeking liberty to file an appeal. The Court held that the revision application could be withdrawn and granted the liberty to file an appeal, stating that limitation would not be a bar if an appeal is filed. The Court also noted that the respondent could initiate appropriate proceedings to raise any objections. Consequently, the revision application and any pending interim applications were disposed of.
Issues considered
- Whether the revision application is maintainable against the acquittal order of the Sessions Court
- Whether limitation would bar filing an appeal if the revision application is withdrawn
Subjects
- revision
- maintainability
- appeal
- limitation
- criminal procedure
- acquittal
Judgment
47-REVN-222-2026 (CR).doc
S.S.Kilaje
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL REVISION APPLICATION NO. 222 OF 2026
Smt Medha Kirit Somaiya ...Applicant
VERSUS
Sanjay Rajaram Raut And Anr. ...Respondents
_________________________________________________________________
SONALI by
Digitally signed
SONALI Mr. Nitin Pradhan, Senior Counsel a/w Mr. Laxman Kanal, Ms. Ekta
SATISH Date:
SATISH KILAJE
KILAJE 13:30:05 +0530
2026.09.03
Vinerkar, Mr. Rajshekhar Singh, Ms. Vidhi Yadav, Ms. Diya Kanal and Ms.
Ashwini, Advocate for Applicant.
Mr. Vikrant Sabne a/w. Mr. Ajay Bhise and Mr. Omkar Shere, Advocate for
Respondent No.1.
Mr. S. S. Pednekar, APP for the Respondent-State.
_________________________________________________________________
CORAM : SHIVKUMAR DIGE, J.
DATE : 1st SEPTEMBER, 2026.
P.C. :
1. Heard learned Senior counsel for the applicant, learned counsel
for respondent No.1 and learned APP.
2. Learned counsel for the respondent No.1 raised the issue of
maintainability of Revision Application as Appeal should lie against the
acquittal order passed by learned Sessions Court.
3. Learned Senior counsel for the applicant, on instructions, seeks
leave to withdraw the application, with liberty to file appeal.
4. Considering the submission of learned Senior counsel for the
applicant, Revision Application is allowed to be withdrawn with aforesaid
liberty. If appeal is filed, the issue of limitation shall not be raised as
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47-REVN-222-2026 (CR).doc
S.S.Kilaje
Revision Application was pending but respondent No.1 can file appropriate
proceeding if he wish to raise any objection.
5. Revision Application is disposed of accordingly. All pending
interim Applications, if any, also disposed of.
(SHIVKUMAR DIGE, J.)
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