Bombay High Court
M P GUPTAversusMAHIM POLICE STATION
- Decided
- Disposal
- Disposed Off
Holding
The revision application is partly allowed; the impugned order is quashed and the Sessions Judge is directed to decide the discharge application on its merits.
Summary
The applicant M.P. Gupta filed a criminal revision challenging an order dated 4 October 2024 where the Addl. Sessions Judge dismissed a revision on the ground that it was not maintainable before the Sessions Court. The applicant contended that the revision should have been entertained and that the discharge application pending before the Sessions Judge should be decided on its merits. The learned Sessions Judge held that the revision could only be filed before the High Court and therefore rejected it without addressing the discharge application. The High Court, after hearing counsel, observed that the Sessions Judge should have decided the discharge application on merits and should not have dismissed the revision on a technicality. Consequently, the High Court partly allowed the revision, quashed the impugned order, and directed the Sessions Judge to decide the discharge application on its merits.
Issues considered
- Whether a criminal revision under Section 397 of the CrPC is maintainable before the Sessions Court.
- Whether the Sessions Judge should decide the pending discharge application on its merits despite the procedural dismissal of the revision.
Subjects
- criminal revision
- maintainability
- discharge application
- high court jurisdiction
- procedural technicality
Judgment
3-REVN-436-2025 (CR).doc
Shubhada S Kadam
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL REVISION APPLICATION NO. 436 OF 2025
M P Gupta ...Applicant/s
Versus
The State of Maharashtra and anr. ...Respondent/s
________________________________________________________________
Mr. Ditendra Mishra with Mr. M. P. Gupta, Advocate for Applicant.
Mr. S. R. Agarkar, APP for Respondent-State.
_________________________________________________________________
CORAM : SHIVKUMAR DIGE, J.
DATE : 25th AUGUST, 2026.
P.C. :
1. The challenge in this revision application is to the impugned
order dated 4th October 2024 passed in Criminal Revision Application
No.579 of 2024 by the learned Addl. Sessions Judge, Sessions Court,
C.R.No.88, Mazgaon, Gr.Mumbai, whereby the learned Sessions Judge
rejected the revision application on the ground that it was not
maintainable before the Sessions Court.
2. It is contention of learned counsel for the applicant that learned
Sessions Judge rejected the revision application on the ground that it was not
maintainable before the Sessions Court. No order was passed on merits by the
Digitally
signed by
SHUBHADA
learned Sessions Judge, hence, direction be given to learned Sessions Judge to
SHUBHADA SHANKAR
SHANKAR KADAM
KADAM Date:
2026.08.28
11:22:26
decide the discharge application of the applicant on merits, and requested to
+0530
allow the application.
Page 1 of 2
3-REVN-436-2025 (CR).doc
Shubhada S Kadam
3. The learned APP submitted that appropriate orders be passed.
4. I have heard both learned counsel, perused the impugned order.
While passing the order, learned Sessions Judge observed that the revision is not
maintainable before the Sessions Court and that the original revision would be
maintainable only before the High Court. Hence, without deciding the discharge
application on merits, learned Sessions Judge has rejected the application.
5. In my view, learned Sessions Judge should have passed an order on
the discharge application of the applicant on merits without going into
technicality. Considering this fact, I pass following order:
ORDER
a) The revision application is partly allowed.
b) The impugned order dated 4th October 2024 passed in
Criminal Revision Application No.579 of 2024 by the learned
Addl. Sessions Judge, Sessions Court, C.R.No.88, Mazgaon,
Gr.Mumbai, is quashed and set aside.
c) The learned Sessions Judge shall decide the discharge application of
the applicant on its own merits without going into technicality.
The revision application stands disposed of in above terms.
(SHIVKUMAR DIGE, J.)
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