3.cr.revn.383.2025.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION NO.383 OF 2025 Charu Kishor Mehta .. Applicant Versus State of Maharashtra & ors. .. Respondents Ms. Minal Chandani , a/w Mr. Ankit Singhal i/b. Dua Associates, Advocates for the Applicant. Ms. Rajani Humane, APP , for Respondent – State. Mr. Nikhil Rajani, a/w Mr. Ajay Deshmane i/b. V. Deshpande & Co., for Respondent No.3. CORAM: AMIT S. JAMSANDEKAR, J. DATE: OCTOBER 28, 2025 (Vacation Court) P. C. 1. By the present Application, the Applicant is questioning the order dated 28th July, 2025, passed by the Judicial Magistrate First Class, 40th Court, Girgaon, Mumbai, on Exhibit-1 in Criminal Case No.4/SW/2023 filed by the Applicant, by which the said proceedings have been dismissed in exercise of powers under section 203 of the Cr.P.C. OCTOBER 28, 2025 Vina Khadpe,PS VINA ARVIND KHADPE Digitally signed by VINA ARVIND KHADPE Date: 2025.10.28 15:52:18 +0530 3.cr.revn.383.2025.doc 2. Ms. Deshmukh, the Learned Additional PP for the State, by replying on section 397 of Cr.P.C. has raised a preliminary objection to the maintainability of the present Revision Application before this Court, at the first instance. 3. In view of the said objection raised by Ms. Deshmukh, the Learned Additional PP for the State, Ms. Chandani, the Learned Advocate 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. She submits that Applicant would file a fresh Revision Application before the Sessions Court within two weeks from today. Leave as prayed for by Ms. Chandani is granted. Applicant is permitted to withdraw the present Revision Application with liberty to file a fresh Revision Application before the Learned Sessions Court. 4. Ms. Chandani, the Learned Advocate for the Applicant, submits that the present Revision Application was bonafidely filed before this Court, as such she submits that the time taken in the present Revision Application i.e. from the date of its filing till today may be excluded. OCTOBER 28, 2025 Vina Khadpe,PS 3.cr.revn.383.2025.doc 5. 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. 6. Considering the advance age of the Applicant, the Trial Court is directed to hear and dispose of the Revision Application, if filed by the Applicant, as expeditiously as possible, and in any case, within a period of eight weeks from today. 7. All contentions of parties are kept open. 8. Criminal Revision Application No.376 of 2025 is disposed of as withdrawn with liberty as above. 9. This order will be digitally signed by the Private Secretary/ Personal Assistant of this Court. All concerned will act on production by fax or email of a digitally signed copy of this order. [AMIT S. JAMSANDEKAR , J.] OCTOBER 28, 2025 Vina Khadpe,PS