Bombay High Court

DIVYA RAJESH REVANKAR AND OTHERSversusNAGESH VYANKATRAMAN REVANKAR AND OTHERS

Disposal: Dismissed as Withdrawn

Holding

The Court allowed withdrawal of the writ petition and granted liberty to file a Section 29 appeal, holding that the time spent on the petition is excluded from the limitation period under Section 14 of the Limitation Act.

Summary

The petitioners sought to withdraw their writ petition and obtain liberty to file a statutory appeal under Section 29 of the P.W.D.V. Act, 2005 against an order of the Judicial Magistrate First Class, Ichalkaranji. The respondents argued that the petition was filed beyond the limitation period for the appeal. The Court, after hearing counsel, granted leave to withdraw the petition and permitted the petitioners to file the appeal within four weeks, holding that the time spent on the petition would be excluded from the limitation period under Section 14 of the Indian Limitation Act, 1963. All substantive issues to be raised in the forthcoming appeal were left open. The writ petition was subsequently disposed of.

Issues considered

Whether the writ petition may be withdrawn with liberty to file a Section 29 appeal under the P.W.D.V. Act, 2005.
Whether the period spent on the writ petition can be excluded from the limitation period for the appeal under Section 14 of the Indian Limitation Act, 1963.

Legislation cited

Limitation Act, 1963 — s. 14
P.W.D.V. Act, 2005 — s. 29

Subjects

statutory appeal
withdrawal of writ petition
limitation period
Section 29
P.W.D.V. Act
Section 14
Indian Limitation Act
criminal appellate jurisdiction

Judgment

503-WP-4647-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO. 4647 OF 2025
Divya Rajesh Revankar And Others ...Petitioners
Versus
Nagesh Vyankatraman Revankar And Others ...Respondents
__________________________________________________________
Mr. Hrishikesh Shinde, for the Petitioners.
Mr. Ishaan Kapse, Advocate for the Respondent Nos. 1 and 2.
Dr. A. A. Takalkar, APP for the Respondent No. 3 – State.
__________________________________________________________
CORAM : ASHWIN D. BHOBE, J.
DATE : 27th August, 2026.
P.C. :

1. Mr. Hrishikesh Shinde, learned Advocate for the Petitioners,

on instructions from the Petitioners, submit that the order

impugned in the present Petition is 13.02.2023 passed by the

Judicial Magistrate First Class, Ichalkaranji, Dist. Kolhapur. He

submits that against the said order, an Statutory Appeal under

Section 29 of the P.W.D.V. Act, 2005 is maintainable. He therefore

on instructions from the Petitioners, seeks leave to withdraw the

present Petition with liberty to approach the Sessions Court having

jurisdiction by filing an Appeal. He submits that the Petitioners

were pursuing this Petition bonafidely and in good faith.

Arjun 1
503-WP-4647-2025.doc

2. Mr. Ishaan Kapse, learned Advocate for the Respondent

Nos. 1 and 2 states that the course suggested by Mr. Hrishikesh

Shinde, learned Advocate for the Petitioners is a proper course and

that the Appeal would be maintainable against the impugned

order. He however submits that the present Petition was filed

beyond the period of limitation prescribed for the Appeal.

3. In view of the statement made by Mr. Hrishikesh Shinde,

learned Advocate for the Petitioners, on instructions from the

Petitioners, leave is granted to withdraw the present Petition with

liberty to file an Appeal as requested.

4. If an Appeal under Section 29 of the P.W.D.V. Act, 2005 is

filed by the Petitioners before the Appellate Court having

jurisdiction within a period of 4 weeks from today, then, the time

spent in this Petition (i.e. from the date of filing of this Petition till

today) shall stand excluded under Section 14 of the Indian

Limitation Act, 1963.

5. All contentions of parties in Appeal are left open.

Arjun 2
503-WP-4647-2025.doc

6. Writ Petition No. 4647 of 2025 is disposed of.

(ASHWIN D. BHOBE, J.)

Digitally
signed by
ARJUN
ARJUN KRISHNA
KRISHNA RODGE
RODGE Date:
2026.09.01
11:00:56
+0530

Arjun 3

Continue reading with your account

Checking your session…