Bombay High Court

PRAMILA KISANRAO GAJBHIYEversusVIJAY S/O. PATITPAVAN URADE AND OTHERS

Disposal: Withdrawn

Holding

The court allowed the withdrawal of the criminal revision with liberty and treated the time spent as a good ground for condonation of delay under the Limitation Act.

Summary

The applicant, Pramila Kisanrao Gajbhie, sought permission to file an appeal under Section 372 of the Code of Criminal Procedure challenging an earlier order. The court considered the request and, instead of allowing the appeal, disposed of the criminal revision application as withdrawn, granting the liberty sought by the applicant. The judge also held that the time spent prosecuting the revision could be treated as a "good ground" under Section 14 of the Limitation Act, thereby permitting condonation of any delay in filing the contemplated appeal. No substantive merits of the underlying criminal order were addressed. The order effectively closed the revision proceedings while preserving the applicant’s right to pursue the appeal if desired.

Issues considered

Whether a criminal revision application may be withdrawn with liberty to file a fresh appeal under Section 372 CrPC.
Whether the period spent prosecuting the revision can be treated as a "good ground" for condoning delay under Section 14 of the Limitation Act.

Legislation cited

Code of Criminal Procedure — s. 372
Limitation Act — s. 14

Subjects

criminal revision
Section 372 CrPC
Limitation Act
condonation of delay
withdrawal of application

Judgment

2026:BHC-AUG:42964


                                                *1*                       922revn327o19


                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                     CRIMINAL REVISION APPLICATION NO. 327 OF 2019
                             PRAMILA KISANRAO GAJBHIYE
                                           VERSUS
                      VIJAY S/O. PATITPAVAN URADE AND OTHERS
                                               ...
                Shri Bodade S.R., Advocate for the Applicant.
                Shri M.A. Aher, APP for the Respondent/ State.
                Advocate S.V. Salunke h/f advocate D.S. Bharuka, for
                respondent Nos.1 to 3.
                                               ...
                                  CORAM : SUSHIL M. GHODESWAR, J.

                                   DATE : 22 September 2026
                P. C. :-

                1.            Today, the learned advocate for the applicant

                appears and states that he may be permitted to file an appeal

                under Section 372 of the Code of Criminal Procedure

                challenging the impugned order.

                2.            In that view of the matter, the instant Criminal

                Revision Application is disposed of as withdrawn with liberty as

                prayed for.

                3.            Time consumed in prosecuting this revision be

                considered as good ground under Section 14 of the Limitation

                Act, for condonation of delay in filing the aforesaid appeal.



        kps                               ( SUSHIL M. GHODESWAR, J. )

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