Ramesh Nagnath KadamversusThe State Of Maharashtra

                                               3-REVN-360-2025 (CR).docx


         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 CIRCUIT BENCH AT KOLHAPUR
               CRIMINAL APPELLATE JURISDICTION


         CRIMINAL REVISION APPLN. NO. 360 OF 2025
Ramesh Nagnath Kadam                 … Applicant
           V/s.
The State Of Maharashtra             … Respondent
               ________________________
Mr. Ritesh Thobde a/w.Darshan Singh Rajpurohit,
Advocate for the Applicant.
Mr. Mahalaxmi Ganpati, Addl. GP a/w. Mr. Avinash A.
Naik, APP for the respondent-State.
              _________________________

                           CORAM      : RAJESH S. PATIL, J.


                           DATED      : SEPTEMBER 10, 2026
P.C.:


1.      This Criminal Revision Application has been filed under

Section 438 of the Bharatiya Nagarik Suraksha Sanhita, 2023

(“BNSS”) by the Applicant, who is an accused in R.C.C. No. 203 of

2015, which was registered with Pandharpur Taluka Police Station.

At the relevant time, the Applicant was a sitting MLA. The

Applicant had preferred an application seeking discharge from the

offences registered against him under Sections 353, 341, 342, 323,

504 and 506 of the Indian Penal Code. The said discharge

application came to be rejected. Hence, being aggrieved by the

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said order, the Applicant has preferred the present Criminal

Revision Application.


2.    From the record, it appears that this matter was argued

before the earlier Bench on 7 August 2026, when the interim relief

granted earlier was vacated.


3.    Mr. Tobde, learned counsel appearing for the applicant,

submits that the view taken by the learned Sessions Court that the

application for discharge was not maintainable under Section 250

of the B.N.S.S., as the same was not filed within 60 days, is

completely erroneous. He submits that the offence in the present

proceedings was committed on 6 July 2022, when the B.N.S.S. was

not in force. Therefore, according to him, Section 227 of the Cr.P.C.

would be applicable to the present proceedings, wherein no time

limit is prescribed. Hence, according to him, the application for

discharge was maintainable before the Sessions Court.


4.    In paragraph 10 of the impugned order, the learned Sessions

Judge has not only discussed the provisions of Section 250 of the

B.N.S.S., but has also observed that the learned Magistrate had

committed the case on 6 July 2022 and that the applicant filed the

application for discharge on 29 August 2025, i.e. after a period of


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three years. There is no explanation forthcoming as to why the

application for discharge was filed after a period of three years.


5.    The learned APP submits that the accused waited for a

period of three years and, when the matter came up for framing of

charge, filed the application for discharge. She submits that such a

practice should be deprecated, as it is nothing but an attempt to

delay the trial.


6.    In my view, the discharge application has not been rejected

only on the ground of delay in filing the same. Further, paragraphs

nos.11 to 16 of the impugned order deal with the merits of the

discharge    application,    and   only   thereafter   the     discharge

application been rejected.


7.    There is no dispute that the present accused was an MLA at

the relevant time.


8.    The FIR contains specific allegations against the present

accused that he abused the complainant, the revenue officers and

the Talathi and assaulted the Talathi by giving a fist blow.

Thereafter, he restrained the informant and the Talathi                 by

surrounding them for about two hours. While the informant was

drawing the panchnama, the accused was forcing him to draw the

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panchnama as per his say. He also abused the complainant in filthy

language and threatened them that he would see them. He thereby

prevented the Government officials from discharging their duties.


9.    The witnesses have specifically stated that the accused

assaulted the Talathi (Revenue Officer) by giving a fist blow and

also abused the revenue employees and prevented them from

discharging their duties.


10.   The witnesses have further stated that the accused restrained

the Circle Officer and the Talathi and prevented them from

discharging their duties for about two hours.


11.   The learned Sessions Court has specifically recorded that

there is sufficient material on record to frame charges against the

accused    for   the   offences   punishable   under   Sections      353

(punishable for two years), 341 (punishable for one month), 342

(punishable for one year), 323 (punishable for one year), 504

(punishable for two years) and 506 (punishable for two years) of

the IPC.


12.   Apart from the present crime, there are antecedents of the

present accused. Having gone through the impugned order passed

by the learned Additional Sessions Judge, whereby the discharge

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application of the accused, who was then an MLA, was rejected,

and having heard the learned counsel for the parties, in my view,

there is no merit in the present Revision Application. Hence, the

same needs to be rejected.


13.   I find no merit in the present Revision Application. The same

stands rejected.

                                             (RAJESH S. PATIL, J.)




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