Bombay High Court
RAMESH DHANRAJ MURPANAversusTHE STATE OF MAHARASHTRA AND ANR
- Decided
- Disposal
- Disposed off as Withdrawn
Holding
The Court granted leave to withdraw the writ petition and disposed of it as withdrawn, while confirming the petitioner’s entitlement to limitation benefits under Section 14 of the Limitation Act, 1963.
Summary
The petitioner, Sonali Milind Patil, filed a criminal writ petition challenging an order dated 4 November 2023 that issued process. Respondent No.2, the original complainant, argued that an alternate remedy existed to contest the order. The petitioner sought to withdraw the writ petition, seeking liberty to pursue the appropriate proceedings. The Court granted leave to withdraw and disposed of the petition as withdrawn. It clarified that the petitioner is entitled to benefit under Section 14 of the Limitation Act, 1963, counting from the filing date of 14 February 2024 to the disposal date of 29 September 2026, and kept all parties' contentions open for future reference.
Issues considered
- Whether an alternate remedy is available to challenge the impugned order dated 4 November 2023
- Whether the writ petition may be withdrawn and the petitioner entitled to limitation benefits under Section 14 of the Limitation Act, 1963
Legislation cited
- Limitation Act, 1963 — s. 14
Subjects
- writ petition
- withdrawal
- limitation
- alternate remedy
- criminal appellate jurisdiction
Judgment
23-WP-1294-2026.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO.1294 OF 2026
SONALI
MILIND
PATIL Ramesh Dhanraj Murpana …Petitioner
Digitally signed by
Versus
SONALI MILIND The State of Maharashtra & Anr. …Respondents
PATIL
Date: 2026.09.29
14:53:44 +0530
Mr. Niranjan Mundargi a/w. Mr. Omneel A. Jadhav, for the
Petitioner.
Mr. P. P. Jadhav, APP, for Respondent No.1-State.
Mr. Tapish Jain, for Respondent No.2-Original Complainant.
CORAM: MADHAV J. JAMDAR, J.
DATED : 29th SEPTEMBER 2026
PC:-
1. At the outset, Mr. Jain, learned Counsel appearing for
Respondent No.2 states that there is an alternate remedy available
to challenge the impugned order dated 4 th November 2023 of
issuing process.
2. In view of the above contention raised by Mr. Jain, learned
Counsel appearing for Respondent No.2, Mr. Mundargi, learned
Counsel appearing for the Petitioner seeks withdrawal of the Writ
Petition with liberty to adopt an appropriate proceedings.
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Sonali
23-WP-1294-2026.DOC
3. Accordingly, leave as aforesaid is granted.
4. The Writ Petition is disposed of as withdrawn.
5. It is clarified that as the impugned order is dated 4 th
November 2023 and the Writ Petition has been filed on 14 th
February 2024 and is being disposed of today, the Petitioner will
get benefit under Section 14 of the Limitation Act, 1963 from 14 th
February 2024 till today i.e. 29th September 2026.
6. It is further clarified that all the contentions of both the
parties are expressly kept open.
[MADHAV J. JAMDAR, J.]
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Sonali
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