Bombay High Court

BALASAHEB MURLIDHAR AAHERversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: Withdrawn

Holding

The revision application is withdrawn with liberty to prefer the proper appeal, and the time spent will be considered by the Sessions Court if delay is raised.

Summary

The applicant, Balasaheb Murlidhar Aaher, mistakenly filed a criminal revision application before the Bombay High Court instead of a criminal appeal before the Sessions Court. He sought permission to withdraw the revision and to be allowed to file the proper appeal, also requesting that any delay incurred be condoned under the Limitation Act. The Court examined whether such a procedural error could be rectified by withdrawal. It held that the revision application could be withdrawn and the applicant could be permitted to file the correct appeal. The Court further directed that any time spent on the withdrawn revision would be for the Sessions Court to consider if a delay issue arises.

Issues considered

Whether a criminal revision application filed in error can be withdrawn and the applicant allowed to file the appropriate appeal.
Whether the period spent pursuing the erroneous revision can be condoned under the Limitation Act.

Legislation cited

Limitation Act, 1963

Subjects

criminal revision
withdrawal
limitation
procedural error
appeal
criminal procedure

Judgment

2026:BHC-AUG:38407

51.26revn
(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

49 CRIMINAL REVISION APPLICATION NO. 51 OF 2026

BALASAHEB MURLIDHAR AAHER
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
…..
Mr V. S. Janephalkar, Advocate for Applicant
Ms B. B. Gunjal, APP for Respondent No.1/State
…..

CORAM : SUSHIL M. GHODESWAR, J.

DATE : 24th AUGUST, 2026

P. C. :

1. Learned Advocate Mr Janephalkar for the applicant, at the

outset, submits that inadvertently, instead of criminal appeal before the

learned Sessions Court, this criminal revision application was filed.

Hence, he seeks permission to withdraw this revision application with

liberty to prefer appeal before the learned Sessions Court. He further

submits that the time spent by him in pursuing this criminal revision

application before this Court may be directed to be condoned under the

provisions of Limitation Act.

2. In view of the above, this criminal revision application is

disposed of as withdrawn, with liberty as is prayed for.
51.26revn
(2)

3. It is made clear that the time spent by the revision

applicant in pursuing this criminal revision application shall be

considered by the learned Sessions Court, if the question of delay

arises.

[SUSHIL M. GHODESWAR, J.]
sjk

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