3-REVN-436-2025 (CR).doc Shubhada S Kadam IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION NO. 436 OF 2025 M P Gupta ...Applicant/s Versus The State of Maharashtra and anr. ...Respondent/s ________________________________________________________________ Mr. Ditendra Mishra with Mr. M. P. Gupta, Advocate for Applicant. Mr. S. R. Agarkar, APP for Respondent-State. _________________________________________________________________ CORAM : SHIVKUMAR DIGE, J. DATE : 25th AUGUST, 2026. P.C. : 1. The challenge in this revision application is to the impugned order dated 4th October 2024 passed in Criminal Revision Application No.579 of 2024 by the learned Addl. Sessions Judge, Sessions Court, C.R.No.88, Mazgaon, Gr.Mumbai, whereby the learned Sessions Judge rejected the revision application on the ground that it was not maintainable before the Sessions Court. 2. It is contention of learned counsel for the applicant that learned Sessions Judge rejected the revision application on the ground that it was not maintainable before the Sessions Court. No order was passed on merits by the learned Sessions Judge, hence, direction be given to learned Sessions Judge to decide the discharge application of the applicant on merits, and requested to allow the application. SHUBHADA SHANKAR KADAM Digitally signed by SHUBHADA SHANKAR KADAM Date: 2026.08.28 11:22:26 +0530 3-REVN-436-2025 (CR).doc Shubhada S Kadam 3. The learned APP submitted that appropriate orders be passed. 4. I have heard both learned counsel, perused the impugned order. While passing the order, learned Sessions Judge observed that the revision is not maintainable before the Sessions Court and that the original revision would be maintainable only before the High Court. Hence, without deciding the discharge application on merits, learned Sessions Judge has rejected the application. 5. In my view, learned Sessions Judge should have passed an order on the discharge application of the applicant on merits without going into technicality. Considering this fact, I pass following order: O R D E R a) The revision application is partly allowed. b) The impugned order dated 4th October 2024 passed in Criminal Revision Application No.579 of 2024 by the learned Addl. Sessions Judge, Sessions Court, C.R.No.88, Mazgaon, Gr.Mumbai, is quashed and set aside. c) The learned Sessions Judge shall decide the discharge application of the applicant on its own merits without going into technicality. The revision application stands disposed of in above terms. (SHIVKUMAR DIGE, J.)