DAYANAND BASAPPA UMBARJEversusVIKAS NINGAPPA HANGANDI AND ANR

                                                           4-WP-3164-2022 (CR).docx


           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CIRCUIT BENCH AT KOLHAPUR

                       CRIMINAL APPELLATE JURISDICTION

                       CR. WRIT PETITION NO. 3164 OF 2022

Dayanand Basappa Umbarje                               … Petitioner
                       Versus.
Vikas Ningappa Hangandi & Anr.                         … Respondents


                                     -----
Mr. Priyal G. Sarda (Through V.C.) a/w. Mr. Onkar Bajaj for the Petitioner.
Ms. S.N. Deshmukh, A.P.P. for the Respondent No.2-State.
                                    -------

                                  Coram :       ASHWIN D. BHOBE, J.

                                  Date      :   3rd September 2026.

PER COURT :


1.    Mr. Priyal Sarda, learned Advocate for the Petitioner and Ms.

Deshmukh, learned A.P.P. for the Respondent No.2-State.


2.    By the present Petition, the Petitioner has sought the following

substantive relief :


        “a) This Hon'ble Court after calling for the records of the case and
            after perusing the complaint, be pleased to quash and set aside
            the Order dated 05.03.2021 passed by the Ld. JMFC, Solapur
            in SCC No.2234 of 2020 and accordingly, quash the Private



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            Complaint SCC No. 2234 of 2020 pending on the file of Ld.
            JMFC, Solapur and the Accused may be acquitted / discharged
            from the said complaint.”



3.    Mr. Priyal Sarda, learned Advocate for the Petitioner, on instructions

from the Petitioner, seeks leave to withdraw this Petition, with liberty to file

a Criminal Revision Application under Section 438 of the Bharatiya Nagarik

Suraksha Sanhita, 2023, before the Sessions Court.


4.    Mr. Priyal Sarda, learned Advocate for the Petitioner, however, requests

that the time spent in this Petition may be excluded, as the Petitioner was

bona fide pursuing his remedy before this Court.


5.    Ms. Deshmukh, learned A.P.P. for Respondent No. 2-State, does not

oppose the said request.


6.    In view of the statement made by Mr. Priyal Sarda, learned Advocate

for the Petitioner, leave is granted to withdraw the present Petition with

liberty as prayed for.


7.    If a Criminal Revision Application under Section 438 of the BNSS is

filed by the Petitioner before the Sessions Court having jurisdiction within

four (4) weeks from today, the time spent in prosecuting this Petition (i.e.,

from the date of filing till today) shall be excluded in terms of Section 14 of



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                     the Limitation Act, 1963. This exclusion is granted in view of the statement

                     made by Mr. Priyal Sarda, learned Advocate for the Petitioner, that the

                     Petitioner was pursuing this Petition in good faith and bona fide.


                     8.       All contentions on the merits remain open for consideration in the

                     Revision Application.


                     9.       Writ Petition No. 3164 of 2022 is disposed of as withdrawn.




                                                            [ ASHWIN D. BHOBE, J. ]


           Digitally signed
           by OMKAR
           SHIVAHAR
OMKAR      KUMBHAKARN
SHIVAHAR
KUMBHAKARN Date:
           2026.09.04
           10:49:17
           +0530




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