Bombay High Court
RYAN RODRIGUESversusTHE STATE OF MAHARASHTRA AND ORS
- Decided
- Disposal
- Disposed Off
- Bench
- N JAMADAR
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
- Limitation Act, 1963 — s. 14
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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