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2025 DAILYLAW 3330 (BOM)

YUGANDHAR MEKA v. LT. COL. SUJEET KUMAR SINHA AND ORS

APL/450/2025 · 2026-07-27

Shri Madhav J Jamdar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

28-APL-450-2025 (CR).doc Rohit Ghuge IN THE JUDICATURE OF HIGH COURT AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 450 OF 2025 Yugandhar Meka ...Applicant VERSUS Lt. Col. Sujeet Kumar Sinha And Ors ...Respondents _______________________________________________________________ Adv. Niranjan Pachupate i/b Parinam Law Associates, for the Applicant. Mr. Ganesh Patil (through VC) i/b Pravin M. Dabade, for Respondent No.1. Mr. S. S. Ghag, APP for Respondent No.2-State. _______________________________________________________________ CORAM : MADHAV J. JAMDAR, J. DATED : 27 JULY 2026 P.C.: 1. The challenge in this Criminal Application is to the order dated 4th January 2022 passed by the learned Metropolitan Magistrate, 28th Court, Esplanade, Mumbai under Exhibit No.1 in C.C. NO. 2800766/SS/2020. 2. The Criminal Application challenging the said order dated 04th January 2022 has been filed on 03rd April 2025. 3. Mr. Patil, learned counsel appearing for Respondent No. 1 submits that the Application has been filed after a delay of about 3 years and 4 months. He further submits that there is an alternate remedy of Revision to challenge the impugned order. 1 28-APL-450-2025 (CR).doc 4. In view of the said contention regarding the alternate remedy raised by the learned counsel of the Respondent No. 1, Mr. Pachupate, learned counsel appearing for the Applicant seeks withdrawal of the application with liberty to adopt an appropriate alternate remedy. 5. The present Application has been filed on 03rd April, 2025, and is being withdrawn today i.e. on 27th July 2026. Accordingly, the applicant shall have the benefit of Section 14 of the Limitation Act, 1963 for the period from 3rd April 2025 till 27th July 2026. 6. However, all the contentions on merits, as also with respect to the delay from 4th January 2022 till 03rd April 2025 are expressly kept open. 7. Accordingly, the Criminal Application is allowed to be withdrawn with liberty as sought. 8. The Applicant is at liberty to file appropriate Application before the learned Trial Court seeking exemption. [MADHAV J. JAMDAR, J.] 2