Bombay High Court

DILIP DHARAMRAL PANDEYversusSTATE OF MAHARASHTRA THROUGH MULUND POLICE STATION

Decided: 7 October 2026
Disposal: Disposed Off

Holding

The revision application is allowed to be withdrawn with liberty to file an appeal, and the registry shall not raise limitation.

Summary

The applicant, Dilip Dharamral Pandey, filed a criminal revision application challenging a decision in a case under the Atrocities Act. The respondent, the State of Maharashtra, argued that the proper remedy was an appeal, not a revision, and that the revision was time-barred. The applicant's counsel sought permission to withdraw the revision and instead file an appeal before the appropriate bench. The Court granted leave to withdraw the revision application, allowing the applicant to pursue an appeal, and directed that the registry should not raise any limitation issue when the appeal is filed. Consequently, the revision was dismissed without prejudice to filing an appeal.

Issues considered

Whether a criminal revision is the appropriate remedy for a decision arising under the Atrocities Act
Whether the revision application is barred by limitation

Subjects

criminal revision
appeal
limitation
Atrocities Act
procedural law

Judgment

                                                                                40-REVN-276-2026 (CR).doc


                   Tikam


                                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                             CRIMINAL APPELLATE JURISDICTION
                                     CRIMINAL REVISION APPLICATION NO. NO. 276 OF 2026

                           Dilip Dharamral Pandey                             ...Applicant/s
VAISHALI                   Versus
ANIL                       State Of Maharashtra Through Mulund Police Station ...Respondent/s
TIKAM                      _________________________________________________________________
Digitally signed
by VAISHALI                Mr. Pramod S. Kumbhar, Advocate for Applicant.
ANIL TIKAM
Date:                      Mr. B.B. Kulkarni, APP for Respondent-State.
2026.10.08
18:12:57 +0530             _________________________________________________________________

                                                               CORAM        :   SHIVKUMAR DIGE, J.
                                                               DATE         :   7th OCTOBER, 2026.
                           P.C. :

                           1.          Heard learned counsel for the Applicant and learned APP.

                           2.          Learned APP objected to this Criminal Revision Application as

                           the issue under challenge is regarding atrocities Act. He submits that the

                           Applicant should have filed appeal and not criminal revision Application.

                           3.          Considering submissions of learned APP, learned counsel for the

                           Applicant, seeks leave to withdraw this Revision Application with liberty to

                           file an appeal and place before the appropriate bench.

                           4.          Leave granted. Revision Application is allowed to be withdrawn

                           with aforesaid liberty.

                           5.          Registry shall not raise issue of limitation while filing the

                           appeal.

                                                                          (SHIVKUMAR DIGE, J.)



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