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Bombay High Court

RYAN RODRIGUESversusTHE STATE OF MAHARASHTRA AND ORS

Decided
Disposal
Disposed Off

Holding

The Court held that the petitioner may withdraw the writ petition and may file a revision before the Sessions Court, with the petition thereafter disposed.

Summary

The petitioner, Ryan Rodrigues, filed a writ petition in the Bombay High Court challenging a criminal matter. The petitioner, through counsel, sought permission to withdraw the petition and instead pursue a revision application before the Sessions Court. The Court considered whether such a withdrawal could be permitted and whether the time spent on the petition could be counted under Section 14 of the Limitation Act, 1963 if a limitation issue arose later. The Court granted leave to withdraw the petition and directed that any revision be heard by the Sessions Judge on its merits. It also noted that the period spent on the petition could be accounted for under the Limitation Act. Consequently, the petition was disposed of.

Issues considered

  • Whether the petitioner may be allowed to withdraw the writ petition and file a revision application before the Sessions Court

Legislation cited

Subjects

  • withdrawal of writ petition
  • revision application
  • criminal appellate jurisdiction
  • limitation
  • section 14 Limitation Act

Judgment

                                                                                 4-WP-1323-2025.DOC

                                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                              CRIMINAL APPELLATE JURISDICTION

                                               WRIT PETITION NO. 1323 OF 2025
                                Ryan Rodrigues                                          ..Petitioner
                                     Versus
                                The State of Maharashtra & Ors                     …Respondents

                                Mr. Aniesh Jadhav a/w Hassan Khan, for the Petitioner.
                                Mr. A. R. Metkari, APP for the Respondent-State.

                                                           CORAM:         N. J. JAMADAR, J.
                                                           DATE :         8th JANUARY 2026

                                P.C.:

                                1.      Heard the learned Counsel for the petitioner.

                                2.      The learned Counsel for the petitioner, on instructions,

                                seeks leave to withdraw the petition with liberty to <le a revision

                                application before the Court of Sessions.

                                3.      Leave granted.

                                4.      In the event such a revision application is <led, the

                                learned Sessions Judge is requested to hear and decide the
             Digitally signed
SANTOSH by SANTOSH
         SUBHASH
SUBHASH KULKARNI
KULKARNI Date: 2026.01.09
             10:47:38 +0530
                                application, on its own merits and in accordance with law.

                                5.      The time spent by the petitioner in prosecuting this

                                petition may be accounted for, under Section 14 of the

                                Limitation Act, 1963, in the event question of limitation arises.

                                6.      The petition stands disposed.



                                                                           [N. J. JAMADAR, J.]
                                SAINATH                             1/1


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