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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Withdrawn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 The Court examined whether the revision application could be withdrawn and whether the period spent could be counted under the Limitation Act.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 Consequently, the revision application was disposed of as withdrawn with liberty as prayed.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



          Shrikant Malani                                                        Page 1 of 2
                                                         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. )




Shrikant Malani                                                   Page 2 of 2


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