Bombay High Court
ABHAY SURENDRA KULKARNIversusVARSHA ALIAS ANUJA ABHAY KULKARNI
- Disposal
- Disposed off as Withdrawn
Holding
The petition was allowed to be withdrawn, and no further relief was granted.
Summary
Petitioner Abhay Surendra Kulkarni filed a criminal writ petition seeking the court to call for and examine the record of Criminal Miscellaneous Application No.130 of 2017 before the Magistrate, Pandharpur. The petitioner, through Advocate Abhay Jadhavar, argued that the order dated 27 September 2024 was revisable and that a criminal revision under Section 438 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) could be filed. The petitioner subsequently requested permission to withdraw the writ petition and instead pursue a revision application before the Sessions Court. The Court, after considering the advocate's statement, granted leave to withdraw the petition. Consequently, the writ petition was disposed of as withdrawn.
Issues considered
- Whether the order dated 27 September 2024 is revisable under Section 438 of the BNSS
- Whether a criminal revision application can be filed in the Sessions Court in lieu of the writ petition
Legislation cited
Subjects
- criminal revision
- writ petition
- withdrawal
- Bharatiya Nagarik Suraksha Sanhita
- Section 438
Judgment
1/2
501-WP-386-2026(CR).DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO.386 OF 2026
Abhay Surendra Kulkarni ….Petitioner
VERSUS
Varsha Alias Anuja Abhay Kulkarni ....Respondent
_________________________________________________________________
Mr. Abhay Jadhavar i/b Mr. Abhijit D. Kulkarni, for Petitioner.
_________________________________________________________________
Digitally signed
by SHANTANU
SHANTANU SHANKARSA
SHANKARSA
DHUDUM
DHUDUM
Date:
2026.09.03
CORAM : ASHWIN D. BHOBE, J.
20:32:47
+0530
DATE : 3rd SEPTEMBER, 2026.
P.C.
1. This Petition is circulated pursuant to the praecipe dated 3 rd
September, 2026, the same is taken on record and marked as “X” for
identification. In view of the urgency expressed by Mr. Abhay Jadhavar,
learned Advocate for the Petitioner, this Petition is ordered to be placed on
the “Production Board”.
2. By the present Petition, the Petitioner has sought the following
substantial relief:
“b. Call for and examine the record and proceedings of Criminal
Miscellaneous Application No.130 of 2017 pending before
the Learned Magistrate First Class, Pandharpur.”
Shantanu S. Dhudum
2/2
501-WP-386-2026(CR).DOC
3. Mr. Abhay Jadhavar, learned Advocate for the Petitioner, on
instructions from the Petitioner, states that the order dated 27 th September,
2024 is a revisable order and that a Criminal Revision Application under
Section 438 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short,
“BNSS”) would be maintainable against the said order. He, therefore, seeks
leave to withdraw the present Petition with liberty to file a Criminal
Revision Application before the Sessions Court having jurisdiction.
4. In view of the statement made by Mr. Abhay Jadhavar, learned
Advocate for the Petitioner, leave is granted to withdraw the present
petition with liberty as prayed for.
5. Criminal Writ Petition No.386 of 2026 is disposed of as
withdrawn.
( ASHWIN D. BHOBE, J.)
Shantanu S. Dhudum
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