Jagadeesh Krishna vs State of Maharashtra — Bombay HC (2026) — LawSathi Research

Jagadeesh Krishna vs State of Maharashtra — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Criminal Writ Petition No. 1920 of 2026 disposed of as withdrawn with liberty to file an Appeal under Section 14A of the Atrocities Act, 1989 against the order dated 29.11.2025; if such Appeal is filed within two weeks, the Petitioner may seek exclusion of time spent in this Petition under Section 14 of the Limitation Act, 1963.

Issue for consideration

Whether the Petitioner may withdraw the present Writ Petition with liberty to file an appropriate Appeal under Section 14A of the Atrocities Act, 1989 against the order dated 29.11.2025 dismissing the discharge application. +1 more

Court's answer

Leave granted to withdraw Criminal Writ Petition No. 1920 of 2026, with liberty to file an Appeal under Section 14A of the Atrocities Act, 1989 to challenge the order dated 29.11.2025 passed by the Special Judge under the SC and ST (PoA) Act, City Civil & Sessions Court, Greater Mumbai (C.R. No. 60).

Ratio / Principle

If the Appeal is filed before the Court having jurisdiction within two weeks from the date of this order, the Petitioner would be entitled to seek exclusion of the time spent in this Petition (from the date of its filing till the passing of this order) in terms of Section 14 of the Limitation Act, 1963.

Detailed headnote1 paragraphs

Bombay High Court (Ashwin D. Bhobe, J.), in a proceeding recorded in accordance with Hema Suresh Ahuja & Ors v. State of Maharashtra & Anr, (2024) SCC OnLine Bom 784, permitted Jagadeesh Krishna to withdraw Criminal Writ Petition No. 1920 of 2026 with liberty to file an Appeal under Section 14A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the order dated 29.11.2025 of the Special Court under the Atrocities Act, 1989, City Civil and Sessions Court, Greater Bombay, dismissing the discharge Application (Exh-16) in Special Case SC and ST No. 1184 of 2024. The Court directed that if the Appeal is filed before the Court having jurisdiction within two weeks, the Petitioner would be entitled to seek exclusion of the time spent in the writ petition (i.e., from the date of filing of the Petition till the passing of this order) in terms of Section 14 of the Limitation Act, 1963.

27-WP-1920-2026.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

WRIT PETITION NO. 1920 OF 2026

Jagadeesh Krishna … Petitioner Versus State Of Maharashtra … Respondent

Mr. C. J. Joveson a/w Sweta Dadheech, for the Petitioner. Mr. Ameet Palkar, APP for the Respondent – State.

PSI Yashvantrao Shahare, is present.

CORAM : ASHWIN D. BHOBE, J. DATE : 20^th April, 2026.

P.C. :

This proceeding is recorded in accordance with the decision

of this Court in Hema Suresh Ahuja & Ors v. State of Maharashtra & Anr¹ as the subject matter pertains to an offence under the SC/ST Act.

Heard Mr. C. J. Joveson, learned Advocate for the Petitioner.

He states that by Order dated 29.11.2025, the Special Court under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, (hereafter “Atrocities Act, 1989”), City Civil

And Sessions Court, Greater Bombay, has dismissed the discharge

1 (2024) SCC OnLine Bom 784

Arjun

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27-WP-1920-2026.doc

Application (Exh-16 in Special Case SC and ST No. 1184 of 2024). He submits that an Appeal would be maintainable against the Order dated 29.11.2025 in terms of Section 14A of the Atrocities Act, 1989. He therefore on instructions from the Petitioner craves leave to withdraw the present Petition with liberty to file an appropriate Appeal under Section 14A of the Atrocities Act, 1989.

Mr. Ameet Palkar, learned APP for the Respondent – State does not object to the said request made by Mr. C. J. Joveson, learned Advocate for the Petitioner.

Mr. C. J. Joveson, learned Advocate for the Petitioner states that the present Petition was filed within the period of 90 days from 29.11.2025, as such, he prays that the period spent in this Petition, i.e. from the date of filing of this Petition till date, be excluded. Mr. Ameet Palkar, learned APP, does not object to the said request.

In view of the statement made by Mr. C. J. Joveson, leave granted to withdraw the Petition with liberty to file an Appeal under Section 14A of the Atrocities Act, 1989, to challenge the

Arjun

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27-WP-1920-2026.doc

order dated 29.11.2025 passed by the Special Judge, Under the SC and ST (PoA) Act, City Civil & Sessions Court, Greater Mumbai C.R. No. 60.

If an Appeal is filed before the Court having jurisdiction, within a period of two weeks from today, then the Petitioner would be entitled to seek exclusion of time spent in this Petition (i.e. from the date of filing of present Petition till the passing of this Order) in terms of Section 14 of the Limitation Act, 1963.

Criminal Writ Petition No. 1920 of 2026 is disposed of as withdrawn with liberty as prayed.

(ASHWIN D. BHOBE, J.)

Digitally signed by ARJUN ARJUN KRISHNA KRISHNA RODGE RODGE Date: 2026.04.24 10:49:04 +0530

Arjun

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