Kashinath Dodhu Wani v. State Of Maharashtra

k 1/2 8 alp 68.24 as cri.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION APPLICATION FOR LEAVE TO APPEAL (PVT.) NO.68 OF 2024 Kashinath Dodhu Wani ....Applicant V/S The State of Maharashtra & Anr.

....Respondents _________ Mr. Amin Solkar with Ms. Muskaan Memon for the Applicant. Mr. Vinit A. Kulkarni, APP for Respondent No.1/State. Mr. Sandeep Shinde for Respondent No.2.

__________ CORAM : SANDEEP V. MARNE, J.

DATE : 19 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Reserving the liberty as prayed for, the Application and Appeal are permitted to be withdrawn and disposed of.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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k 2/2 8 alp 68.24 as cri.doc 4.

It would be open to the Applicant to make a request to the Sessions Court to expedite the hearing of the Appeal considering the position that decision of Complaint before the Magistrate' Court took more than 8 years. SUDARSHAN RAJALINGAM KATKAM (SANDEEP V. MARNE, J.) SUDARSHAN RAJALINGAM KATKAM Date: 2025.11.20 18:16:54 +0530 katkam Page No.

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