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Bombay High Court

KUSUM JAISWARversusSHAHEEN SERTORIO ZARIWALA AND ANR.

Decided
Disposal
Disposed Off

Holding

The court held that the writ petition may be withdrawn, the petitioner may file a criminal revision under Section 438 of BNSS 2023 within six weeks, and the time spent on the writ petition can be excluded under Section 14 of the Limitation Act, 1963.

Summary

Kusum Jaiswar filed a writ petition challenging an order issued by a magistrate, which the respondent argued was a process order only reviewable by a criminal revision under Section 438 of the BNSS 2023. The petitioner sought to withdraw the writ petition and instead file a criminal revision, requesting six weeks to do so given her residence in Uttar Pradesh. The respondent did not oppose the withdrawal. The High Court granted leave to withdraw the writ petition, permitted filing of a criminal revision within six weeks, and allowed exclusion of the time spent on the writ petition under Section 14 of the Limitation Act, 1963. The matter was ordered to be considered further by the Sessions Court, and the writ petition was disposed of as withdrawn.

Issues considered

  • Whether the order impugned in the writ petition is a process order that can only be challenged via a criminal revision under Section 438 of BNSS 2023.
  • Whether the petitioner may be allowed to withdraw the writ petition and file a criminal revision, and whether time spent on the writ petition can be excluded under Section 14 of the Limitation Act, 1963.

Legislation cited

Subjects

  • writ petition
  • criminal revision
  • Section 438
  • Limitation Act
  • withdrawal
  • process order
  • Bombay High Court

Judgment

                                                                                           501-WP-1560-2025.doc




           Digitally signed
                                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
           by GAYATRI
GAYATRI    RAJENDRA
RAJENDRA   SHIMPI
SHIMPI     Date:
           2026.06.18
                                                 CRIMINAL APPELLATE JURISDICTION
           11:26:16 +0530




                                                  WRIT PETITION NO. 1560 OF 2025

                              Kusum Jaiswar                                          … Petitioner
                                       Versus.
                              Shaheen Sertorio Zariwala & Anr.                       … Respondents
                                                                      -----

                              Mr. Anshuman Asare a/w Mr. A. Pahade, Advocates for Petitioner.
                              Mrs. Rajeshree Newton, APP for the Respondent – State.
                                                           -------

                                                                 CORAM : ASHWIN D. BHOBE, J.
                                                                  DATE        : 17th JUNE, 2026

                              P.C. :

                              1.               This Writ Petition is circulated pursuant to the praecipe

                              dated 17.06.2026, same is marked with “X” for identification. At

                              the request of Mr. Anshuman Asare, learned Advocate for the

                              Petitioner, this Petition was ordered to be listed on today’s

                              ‘Production List’.



                              2.               At the outset, Mrs. Rajeshree Newton, learned APP,

                              raises an objection to the entertainability of the present Petition on

                              the ground that the order impugned by the Petitioner is one by


                              Gayatri shimpi                      1
                                                         501-WP-1560-2025.doc



which the Magistrate has issued process. She submits that the said

order issuing process would be a revisable order against which a

Criminal Revision Application would be maintainable under

Section 438 of BNSS 2023 before the Sessions Court at the first

instance.



3.               Faced with the said objection, Mr. Anshuman Asare,

learned Advocate for the Petitioner, on instructions from the

Petitioner seeks leave to withdraw the present Writ Petition with

liberty to file a Criminal Revision Application under Section 438 of

BNSS 2023 before the Sessions Court. He requests time of six

weeks to file the Revision Application before the Sessions Court, as

the Petitioner resides in Uttar Pradesh.



4.               Mrs. Rajeshree Newton, learned APP for the State does

not oppose the said request.



5.               In view of the statement made by Mr. Anshuman Asare,

learned Advocate for the Petitioner, leave is granted to withdraw

this Petition with liberty to file a Criminal Revision Application



Gayatri shimpi                     2
                                                          501-WP-1560-2025.doc



under Section 438 of BNSS, 2023 before the Sessions Court having

jurisdiction. If the Criminal Revision Application is filed within six

weeks from today and considering that the Petitioner was pursuing

this Petition bona fide and in good faith, the Petitioner will be

entitled to exclusion of time spent in pursuing this Petition (i.e.

from the date of filing till today) under Section 14 of the

Limitation Act, 1963.



6.               All contentions remain open for consideration by the

Sessions Court.


7.               Criminal Writ Petition No. 1560 of 2025 is disposed of

as withdrawn.



                                            (ASHWIN D. BHOBE, J.)




Gayatri shimpi                     3


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