Prashant Kishor Mehta vs State of Maharashtra, Sr Inspector of Police — Bombay HC (2025) — LawSathi Research

Prashant Kishor Mehta vs State of Maharashtra, Sr Inspector of Police — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Criminal Revision Application No. 376 of 2025 disposed of as withdrawn with liberty to file a fresh Revision Application before the learned Sessions Court; time spent prosecuting the present application before the High Court to be excluded under Section 14 of the Limitation Act, 1963 if the fresh application is filed within two weeks; all contentions of the parties kept open.

Issue for consideration

Whether the Criminal Revision Application challenging the JMFC order under Section 203 Cr.P.C. is maintainable before the High Court at the first instance, having regard to Section 397 Cr.P.C. (preliminary objection raised by the State; not decided, as the application was withdrawn). +1 more

Ratio / Principle

Leave granted to the Applicant to withdraw the Criminal Revision Application, with liberty to file a fresh Revision Application challenging the impugned order before the learned Sessions Court at the first instance.

Key takeaways

If the Applicant files a fresh Revision Application before the Sessions Court having jurisdiction within two weeks, the time during which the Applicant prosecuted the present Criminal Revision Application shall be excluded in terms of Section 14 of the Limitation Act, 1963.ratio¶19
All contentions of the parties are kept open.obiter¶24

Detailed headnote1 paragraphs

Bombay High Court (Ashwin D. Bhobe, J.) — Criminal Revision Application No. 376 of 2025, Prashant Kishor Mehta v. The State of Maharashtra & Ors.: The Applicant challenged the order dated 28th July, 2025 of the Judicial Magistrate, First Class, 40th Court, Girgaon, Mumbai, dismissing his complaint (Exhibit-1) in Criminal Case No. 82/SW/2022 under Section 203 of Cr. P. C. On the Additional Public Prosecutor's preliminary objection, founded on Section 397 of Cr.P.C., that the Revision Application was not maintainable before the High Court at the first instance, the Applicant sought and obtained leave to withdraw the application, with liberty to file a fresh Revision Application before the learned Sessions Court. The Court directed that, if the fresh Revision Application is filed before the Sessions Court having jurisdiction within two weeks, the time spent prosecuting the present application shall be excluded under Section 14 of the Limitation Act, 1963. All contentions of the parties were kept open. The question of maintainability of the revision before the High Court was left undecided.

30-REVN-376-2025.doc

Digitally signed GAYATRI by GAYATRIRAJENDRA RAJENDRASHIMPI SHIMPIDate:2025.10.18 14:44:12 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

CRIMINAL REVISION APPLICATION NO.376 OF 2025

Prashant Kishor Mehta ... Applicant Vs. The State of Maharashtra & Ors. ... Respondents ****

Mr. Atul Damle, Senior Advocate a/w Mr. Manish Bhatia, Minal Chandnani, Mr. Shailesh Prajapati i/b Dua Associates, Advocates for the Applicant.

Mr. Karan Kadam a/w Mr. Nikhil Rajani, Mr. Ajay Deshmane i/b V. Deshpande & Co., Advocates for Respondent Nos. 2 & 3.

Mr. S. V. Gavand, Addl. PP. for Respondent State.

CORAM : ASHWIN D. BHOBE, J. DATE : 17^th OCTOBER, 2025.

P.C. :

By the present Application, the Applicant is questioning the order dated 28^th July, 2025 passed by the Judicial Magistrate, First Class 40^th Court, Girgaon, Mumbai on Exhibit-1 in Criminal Case No. 82/SW/2022 filed by the Applicant, by which the said proceedings have been dismissed in exercise of powers under Section 203 of Cr. P. C.

Mr. S. V. Gavand, learned Additional PP for the State, by relying on section 397 of Cr.P.C. has raised an preliminary objection to the maintainability of the present Revision Application before this Court, at the first instance.

1

Gayatri Shimpi

30-REVN-376-2025.doc

3. In view of the said objection raised by Mr. S. V. Gavand, learned Additional PP for the State, Mr. Atul Damle, learned Senior Counsel for the Applicant, on instructions from the Applicant craves leave to withdraw the present Revision Application with liberty to file a fresh Criminal Revision Application challenging the impugned order before the learned Sessions Court at the first instance. He submits that Applicant would file a fresh Revision Application before the Sessions Court within two weeks from today. Leave as prayed for by Mr. Atul Damle is granted. Applicant is permitted to withdraw the present Revision Application with liberty to file a fresh Revision Application before the learned Sessions Court.

Mr. Atul Damle, learned Senior Counsel for the Applicant, submits that the present Revision Application was bonafidely filed before this Court, as such he submits that the time taken in the present Revision Application i.e. from the date of its filing till today may be excluded.

If the Applicant files a fresh Revision Application before the Sessions Court having jurisdiction, within a period of two weeks from today, then the time during which the Applicant has been prosecuting this Criminal Revision Application shall be excluded in terms of Section

14 of the Limitation Act 1963.

2

Gayatri Shimpi

30-REVN-376-2025.doc

All contentions of the parties are kept open.

Criminal Revision Application No. 376 of 2025 is disposed off as withdrawn with liberty as above.

(ASHWIN D. BHOBE, J.)

3

Gayatri Shimpi