4-WP-3164-2022 (CR).docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CR. WRIT PETITION NO. 3164 OF 2022 Dayanand Basappa Umbarje … Petitioner Versus. Vikas Ningappa Hangandi & Anr. … Respondents ----- Mr. Priyal G. Sarda (Through V.C.) a/w. Mr. Onkar Bajaj for the Petitioner. Ms. S.N. Deshmukh, A.P.P. for the Respondent No.2-State. ------- Coram : ASHWIN D. BHOBE, J. Date : 3rd September 2026. PER COURT : 1. Mr. Priyal Sarda, learned Advocate for the Petitioner and Ms. Deshmukh, learned A.P.P. for the Respondent No.2-State. 2. By the present Petition, the Petitioner has sought the following substantive relief : “a) This Hon'ble Court after calling for the records of the case and after perusing the complaint, be pleased to quash and set aside the Order dated 05.03.2021 passed by the Ld. JMFC, Solapur in SCC No.2234 of 2020 and accordingly, quash the Private osk 1 of 3 4-WP-3164-2022 (CR).docx Complaint SCC No. 2234 of 2020 pending on the file of Ld. JMFC, Solapur and the Accused may be acquitted / discharged from the said complaint.” 3. Mr. Priyal Sarda, learned Advocate for the Petitioner, on instructions from the Petitioner, seeks leave to withdraw this Petition, with liberty to file a Criminal Revision Application under Section 438 of the Bharatiya Nagarik Suraksha Sanhita, 2023, before the Sessions Court. 4. Mr. Priyal Sarda, learned Advocate for the Petitioner, however, requests that the time spent in this Petition may be excluded, as the Petitioner was bona fide pursuing his remedy before this Court. 5. Ms. Deshmukh, learned A.P.P. for Respondent No. 2-State, does not oppose the said request. 6. In view of the statement made by Mr. Priyal Sarda, learned Advocate for the Petitioner, leave is granted to withdraw the present Petition with liberty as prayed for. 7. If a Criminal Revision Application under Section 438 of the BNSS is filed by the Petitioner before the Sessions Court having jurisdiction within four (4) weeks from today, the time spent in prosecuting this Petition (i.e., from the date of filing till today) shall be excluded in terms of Section 14 of osk 2 of 3 4-WP-3164-2022 (CR).docx the Limitation Act, 1963. This exclusion is granted in view of the statement made by Mr. Priyal Sarda, learned Advocate for the Petitioner, that the Petitioner was pursuing this Petition in good faith and bona fide. 8. All contentions on the merits remain open for consideration in the Revision Application. 9. Writ Petition No. 3164 of 2022 is disposed of as withdrawn. [ ASHWIN D. BHOBE, J. ] osk 3 of 3 OMKAR SHIVAHAR KUMBHAKARN Digitally signed by OMKAR SHIVAHAR KUMBHAKARN Date: 2026.09.04 10:49:17 +0530