Rahul Shelar v. Bhupen N. Momaya And ANR

k 1/2 14 alp 31.24 as cri.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION APPLICATION FOR LEAVE TO APPEAL (PVT.) NO.31 OF 2024 Rahul Shelar ....Applicant V/S Bhupen N. Momaya & Anr.

....Respondents _________ Mr. Rajesh Sahani with Ms. Reshma Nair i/b Mr. Vijayprakash Yadav for the Applicant.

Ms. Ranjana D. Humane, APP for Respondent No.2/State. __________ CORAM : SANDEEP V. MARNE, J.

DATE : 24 NOVEMBER 2025.

P.C.:

1.

The learned counsel appearing for the Applicant/Appellant, on instructions, seeks leave of the Court to withdraw the Application and the Appeal with liberty to file Appeal under the Proviso to Section 372 of the Criminal Procedure Code, 1973/Section 413 of Bharatiya Nagarik Suraksha Sanhita, 2023 before the Sessions Court in view of judgment of the Apex Court in Celestium Financial vs. A. Gnanasekaran Etc.1. 2.

Reserving the liberty as prayed for, the Application and Appeal are permitted to be withdrawn and disposed of.

3.

If Appeal is filed before the Sessions Court within a period of eight weeks, the Appellant/Applicant shall be entitled to the benefit of Section 14 of the Limitation Act, 1963.

2025 SCC OnLine SC 1320 katkam Page No.

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Registry shall return the original certified copy of the impugned order to the Applicant.

Digitally signed by SUDARSHAN RAJALINGAM KATKAM Date:

2025.11.26 14:07:19 +0530 (SANDEEP V. MARNE, J.) SUDARSHAN RAJALINGAM KATKAM katkam Page No.

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