Bombay High Court

JITENDRA CHIMANLAL DESAIversusSTATE OF MAHARASHTRA

Decided: 24 March 2026
Disposal: Disposed Off
Bench: ASHWIN D BHOBE

Holding

The Court held that, since the writ petition was filed within the 90‑day limitation period and the State raised no objection, the petitioner may withdraw the petition and be granted exclusion of the time spent before this Court under Section 14 of the Limitation Act, 1963, to file a criminal revision under Section 438 of the BNSS within three weeks.

Summary

The petitioner filed a criminal writ petition challenging an order issuing process and sought relief, while the State argued that the order was revisable only by a criminal revision under Section 438 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The petitioner requested permission to withdraw the writ and to have the time spent pursuing it excluded for limitation purposes, invoking Section 14 of the Limitation Act, 1963. The State did not object to the withdrawal or the exclusion of time, noting the petition was filed within the 90‑day period prescribed for a revision. The Court granted leave to withdraw the writ, allowed the exclusion of the elapsed time, and directed that a criminal revision be filed within three weeks, without the need for a condonation of delay. The writ petition was consequently disposed of as withdrawn.

Issues considered

Whether a criminal writ petition filed within the 90‑day limitation period can be withdrawn and the time spent on it excluded under Section 14 of the Limitation Act, 1963 for the purpose of filing a criminal revision.
Whether the petitioner is entitled to exemption from filing an application for condonation of delay for the subsequent criminal revision.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 438
Limitation Act, 1963 — s. 14, Article 131

Subjects

criminal revision
limitation period
exclusion of time
writ petition withdrawal
Section 438 BNSS
Section 14 Limitation Act
condonation of delay

Judgment

Gitalaxmi 15-WP-1286-2026.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION

WRIT PETITION NO. 1286 OF 2026

Jitendra Chimanlal Desai ...Petitioner

Versus

The State of Maharashtra ...Respondent
__________

Mr. P. E. Pol a/w Ms. Gayatri P. Pol i/b Pol Legal Juris, learned Advocates
for the Petitioner.

Ms. Pallavi N. Dabholkar, learned A.P.P. for the State/Respondent.
HC-786 Mr. P. V. Patil attached to Khopoli Police Station, Raigad is
present in the Court.
__________

CORAM : ASHWIN D. BHOBE, J.
DATE : 24th MARCH 2026.

P.C. :

1. Heard Mr. P. E. Pol, learned Advocate for the Petitioner and
Ms. Pallavi Dabholkar, learned A.P.P. for the State/Respondent.

2. At the outset, Ms. Pallavi Dabholkar, learned A.P.P. for the
State/Respondent submits that the order impugned in the present
Petition is an order issuing process and therefore, would be a
revisable order, against which a Criminal Revision Application in
terms of Section 438 of the Bharatiya Nagarik Suraksha Sanhita,
2023 would have to be filed before the Sessions Court at the first
instance.

3. Faced with the said objection, Mr. P. E. Pol, learned Advocate
for the Petitioner, on instructions from the Petitioner, craves leave
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Gitalaxmi 15-WP-1286-2026.doc

to withdraw the present Criminal Writ Petition with liberty to file
Criminal Revision Application under Section 438 of the BNSS
before the Sessions Court. He submits that the impugned order
was made available to the Petitioner on 19.12.2025 and this
Petition was filed on 09.02.2026. He submits that this Petition was
bonafidely filed before this Court and the Petitioner was pursuing
the present Criminal Writ Petition before this Court in good faith.
He states that this Petition was filed within the period of limitation,
i.e. 90 days provided for Criminal Revision Application under
Article 131 of the Limitation Act, 1963, as such, he requests for
exclusion of the time spent in pursuing this Criminal Writ Petition
before this Court. He states that the proposed Criminal Revision
Application will be filed before the Sessions Court within a period
of 3 weeks from today.

4. Ms. Pallavi Dabholkar, learned A.P.P. fairly submits that as this
Petition was filed within the period of 90 days provided for filing a
Criminal Revision Application, she does not object for the request
made by Mr. P. E. Pol for exclusion of time spent before this Court.

5. In view of the statements made by Mr. P. E. Pol, learned
Advocate for the Petitioner, leave granted to the Petitioner to
withdraw this Criminal Writ Petition with liberty as prayed for. In
view of the No Objection of Ms. Pallavi Dabholkar, Petitioner is held
entitled to the benefit of exclusion of time spent in this Court in
terms of Section 14 of Limitation Act, 1963, from the date of filing
of this Petition till date.

6. If the proposed Criminal Revision Application is filed before

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Gitalaxmi 15-WP-1286-2026.doc

the Sessions Court having jurisdiction within a period of 3 weeks
from today, then the said Criminal Revision Application be
considered on its own merits and in accordance with law after
giving opportunity of hearing to all the parties including the
Complainant.

7. It is clarified that exemption from filing an Application
seeking condonation of delay would be available to the Petitioner
only if the proposed Criminal Revision Application is filed before
the Sessions Court having jurisdiction within 3 weeks from today.

8. Criminal Writ Petition No. 1286 of 2026 is disposed of as
withdrawn.

[ASHWIN D. BHOBE, J.]

Digitally signed
by GITALAXMI
GITALAXMI KRISHNA
KRISHNA KOTAWADEKAR
KOTAWADEKAR Date:
2026.03.27
19:20:56 +0530

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