Bombay High Court

GANESH APPARAO CHAUDHARIversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: Withdrawn

Holding

The revision application is withdrawn with liberty to file an appeal, subject to limitation considerations under the Limitation Act.

Summary

The applicant, Ganesh Apparau Chaudhari, mistakenly filed a criminal revision under Section 372 of the Code of Criminal Procedure instead of a criminal appeal. He sought the court's permission to withdraw the revision and be allowed to file the proper appeal. The bench examined whether such a withdrawal could be granted and whether the applicant would still be subject to limitation provisions for the appeal. The court ordered the revision application to be withdrawn, granting the applicant liberty to file an appeal, but noted that any delay in filing the appeal would be assessed under Section 14 of the Limitation Act. No substantive merits of the underlying criminal case were addressed.

Issues considered

Whether a criminal revision filed in error can be withdrawn with liberty to file a proper appeal
Whether the court can grant such liberty notwithstanding procedural rules
Whether the limitation period for filing the appeal will apply

Legislation cited

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

Subjects

criminal procedure
revision
appeal
limitation
procedural law

Judgment

2026:BHC-AUG:42718


                                                  *1*                      7revn63o21


                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                     CRIMINAL REVISION APPLICATION NO. 63 OF 2021
                             GANESH APPARAO CHAUDHARI
                                           VERSUS
                     THE STATE OF MAHARASHTRA AND ANOTHER
                                               ...
                Shri Garud V.B., Advocate for the Applicant.
                Shri A.A.A. Khan, APP for the Respondents/ State.
                                               ...

                                    CORAM : SUSHIL M. GHODESWAR, J.

                                    DATE : 15 September 2026
                                        (Through VC)

                P. C. :-

                1.           At the outset, the learned advocate for the applicant
                states that the instant Criminal Revision Application has been
                filed inadvertently instead of Criminal Appeal under Section 372
                of the Code of Criminal Procedure. He, therefore, seeks
                permission of this Court to withdraw the instant revision
                application with liberty to file an appeal.

                2.           In view of the above, the Criminal Revision
                Application is disposed of as withdrawn with liberty as prayed
                for. However, the claim as regards delay in filing such an appeal,
                would be considered in accordance with Section 14 of the
                Limitation Act.




        kps                               ( SUSHIL M. GHODESWAR, J. )

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