Bombay High Court
VIVEK MAHADEV YADAVversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
Holding
The revision application is allowed to be withdrawn and the matter disposed, with the alibi to be considered on its merits later.
Summary
The applicant, Vaishali Anil Tikam, filed a criminal revision application challenging a lower court order. Counsel for the applicant sought leave to withdraw the revision while preserving all contentions, asserting that the applicant was not present at the time of the alleged incident and that CCTV footage supports an alibi. The learned judge granted leave to withdraw the application and directed that the alibi plea be considered on its own merits at a later hearing. No substantive merits of the revision were adjudicated. Consequently, the revision application was withdrawn and the matter disposed.
Issues considered
- Whether the revision application may be withdrawn with liberty to keep the applicant's contentions open
- Whether the alibi claim based on CCTV footage can be considered at a later hearing
Subjects
- revision
- withdrawal
- alibi
- criminal procedure
- high court
Judgment
2-REVN-301-2023 (CR).doc
Tikam
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL REVISION APPLICATION NO. 301 OF 2023
VAISHALI
ANIL Vivek Mahadev Yadav ...Applicant/s
TIKAM VERSUS
State Of Maharashtra ...Respondent/s
Digitally signed
by VAISHALI
ANIL TIKAM
Date:
_________________________________________________________________
2026.10.06 Mr. Chetan Arvind Alai a/w. Mr. Rishabh N. Chaurasia a/w. Pranit L.
12:26:00 +0530
Pawar, Advocates for the Applicant.
Mr. S.R. Agarkar, APP for Respondent-State.
_________________________________________________________________
CORAM : SHIVKUMAR DIGE, J.
DATE : 1st OCTOBER 2026.
P.C. :
1. Heard learned counsel for the Applicant.
2. Learned counsel, on instructions, seeks leave to withdraw the
Revision Application with liberty to keep all the contentions of the
Applicant open. Learned counsel submits that Applicant was not present at
the time of incident and he was in his office and in CCTV footage the said
fact was revealed.
3. Leave granted. The Learned Judge shall consider the plea of
alibi at the time of hearing of the matter on it's own merit.
4. Revision Application is allowed to be withdrawn and disposed
of.
(SHIVKUMAR DIGE, J.)
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