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Bombay High Court

KUNAL ANUJ S/O JITENDRA KUMAR JHAversusUNION OF INDIA AND ANR.

Decided
Disposal
Disposed Off

Holding

The writ petition is withdrawn, and the petitioner is granted liberty to pursue a criminal revision under Section 438 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Summary

The petitioner Kunal Anuj sought to quash an FIR (RC.12(A)/2019-MUM) and the related charge sheet pending before a Special CBI Judge. While the petition was pending, the petitioner applied for discharge in the trial court, which was rejected on 13 October 2025. The petitioner then requested to withdraw the writ petition and instead file a criminal revision under Section 438 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking condonation of delay as the 90‑day limitation period had expired. Both parties agreed that the petition could be withdrawn and that any condonation of delay would be considered liberally. The High Court granted leave to withdraw the writ petition, noting that the petitioner's pursuit of this remedy would be relevant to any future condonation application, and disposed of the writ petition as withdrawn.

Issues considered

  • Whether the petitioner may withdraw the writ petition seeking quash of the FIR and charge sheet.
  • Whether the court can grant liberty to the petitioner to pursue a criminal revision under Section 438 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
  • Whether condonation of delay for filing the revision application can be considered liberally.

Legislation cited

Subjects

  • criminal law
  • writ petition
  • FIR quash
  • charge sheet
  • withdrawal of petition
  • condonation of delay
  • revision application
  • Section 438
  • Bharatiya Nagarik Suraksha Sanhita

Judgment

              Digitally signed
              by ARUNA
ARUNA     SANDEEP
SANDEEP   TALWALKAR
TALWALKAR Date:
              2026.01.29                                                502.WP3170.2024.doc
              20:36:08 +0530




             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           CRIMINAL APPELLATE JURISDICTION
                   CRIMINAL WRIT PETITION NO. 3170 OF 2024


Kunal Anuj s/o. Jitendra Kumar Jha.                            … Petitioner.
            V/s.
Union of India & Anr.                                          … Respondents.
                                                ---

Mr. Sumit Khanna i/b. Dewani Associates, Advocate for Petitioner.
Mr. Tanveer Khan, APP for Respondent/State.
                               ---

                                 CORAM :   ASHWIN D. BHOBE, J.
                                  DATE :   23rd JANUARY, 2026.


P.C. :



1.                   By the present Petition, the Petitioner has sought for the

following relief :

                     “(a) Quash and set aside First Information Report bearing
                     Crime No. RC.12(A)/2019-MUM as well as the Charge-
                     sheet filed in respect thereof vide Special Case No.
                     567/2023, which is pending before Hon'ble Special Judge,
                     CBI, Greater Mumbai and all the Consequent Actions in
                     Pursuance thereto, as far they are pertaining to the
                     Petitioner herein;”

2.                   This matter was circulated by Advocate Mr. Sumit Khanna

for the reasons mentioned in the praecipe dated 23 rd January, 2026, same


Talwalkar                                   1
                                                           502.WP3170.2024.doc



is taken on record and marked “X” for identification. Mr. Sumit Khanna,

learned Advocate for the Petitioner submits that during the pendency of

this Petition, the Petitioner has applied for discharge before the Trial

Court. He submits that the Trial Court has rejected the request for

discharge vide order dated 13 th October, 2025. He on instructions from

the Petitioner craves leave to withdraw the present Petition and to file

appropriate proceedings as may be available in law against the order

dated 13th October, 2025 passed by the Sessions Court on the application

seeking discharge. He submits that the proceedings which the Petitioner

intends to file is Criminal Revision Application under Section 438 of

the Bharatiya Nagarik Suraksha Sanhita, 2023. He submits that period

of limitation to file revision application is 90 days, which has expired

during the pendency of this Writ Petition and therefore, requests that the

Application for condonation of delay that the Petitioner would be filing

alongwith the proposed Criminal Revision Application be considered

liberally.

3.           Mr. Tanveer Khan, learned APP for the State does not object

to the request of the Petitioner and submits that as the Petitioner was

pursuing his remedies before this Court by this Petition, the request for

condonation of delay can be considered liberally.

4.           In view of the above, leave granted to the Petitioner to


Talwalkar                        2
                                                           502.WP3170.2024.doc



withdraw the Petition with liberty to pursue remedies available in law

against the order dated 13th October, 2025 passed by the Sessions Court

in Case No. 567 of 2023.

5.           Petitioner pursing his remedy by way of this Petition would

be a factor that would be considered while deciding any application for

condonation of delay if filed by the Petitioner alongwith the proposed

proceeding to be filed challenging the order dated 13.10.2025.

6.           Writ Petition No. 3170 of 2024 is disposed of as

withdrawn.


                                      (ASHWIN D. BHOBE, J.)




Talwalkar                        3


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