Bombay High Court
MOHAN KISAN CHAVHAN AND OTHERSversusTHE STATE OF MAHARASHTRA AND ANOTHER
- Disposal
- Withdrawn
Holding
The Court allowed the withdrawal of the criminal revision application and granted liberty to file an appeal under Section 14(a), treating the elapsed period as covered by the Limitation Act.
Summary
The applicants, Mohan Kisan Chavhan and others, challenged the Special Judge's order rejecting their application for discharge in a criminal case. They argued that the proper remedy was to file an appeal under Section 14(a) of the Criminal Procedure Code and sought permission to withdraw the revision application, treating the time spent as covered by the Limitation Act. The Court examined whether the revision application could be withdrawn and whether the period spent could be counted under the Limitation Act. It held that the applicants may withdraw the revision and be granted liberty to file the appropriate appeal, with the time spent considered under the Limitation Act. Consequently, the revision application was disposed of as withdrawn with liberty as prayed.
Issues considered
- The appropriateness of withdrawing a criminal revision application in favor of filing an appeal under Section 14(a).
- Whether the period spent filing the revision can be counted under the Limitation Act.
Legislation cited
Subjects
- criminal revision
- discharge order
- appeal
- Section 14(a)
- Limitation Act
- withdrawal
Judgment
2026:BHC-AUG:41386
51.REVN.70.2026.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL REVISION APPLICATION NO. 70 OF 2026
Mohan Kisan Chavhan and Others ...Applicants
Versus
The State of Maharashtra and Another ...Respondents
***
Mr. Bhavthankar Vivek Vasantrao, Advocate for the Applicants.
Mrs. Bharati B. Gunjal, APP for Respondent – State.
***
CORAM : SUSHIL M. GHODESWAR, J.
DATE : SEPTEMBER 07, 2026
PER COURT :
1. Heard Mr. Bhavthankar, learned counsel for the Applicants,
and Ms. Gunjal, learned APP for the Respondent – State.
2. The Applicants are challenging the rejection of the
application for discharge vide judgment and order dated 17 th
December 2025, passed by the learned Special Judge (SC & ST),
Ambajogai, in Special Case (SC & ST) No.61 of 2020.
3. Since the appropriate remedy by way of filing an Appeal
under Section 14(a) is available, Mr. Bhavthankar, learned counsel
appearing for the Applicants, fairly submits that he may be permitted
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51.REVN.70.2026.odt
to withdraw the instant Criminal Revision Application, thereby
granting liberty to file an Appeal under Section 14(a). He further
submits that the period consumed in filing the instant Criminal
Revision Application be considered under Section 14 of the Limitation
Act.
4. Hence, permission is granted. The Criminal Revision
Application is disposed of as withdrawn with liberty as prayed.
( SUSHIL M. GHODESWAR, J. )
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