Kiran Baburao Kale v. The State Of Maharashtra

k 1/2 902 alp 242.24 as-cri.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION APPLICATION FOR LEAVE TO APPEAL (PVT.) NO.242 OF 2024 Kiran Baburao Kale ....Applicant V/S The State of Maharashtra ....Respondents _________ Mr. Hrishikesh S. Shinde for the Applicant.

Mr. A.D. Kamkhedkar, APP for Respondent /State. __________ CORAM : SANDEEP V. MARNE, J.

DATE : 23 JANUARY 2026.

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Reserving the liberty as prayed for, the Application and Appeal are permitted to be withdrawn and disposed of. 3.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 2/2 902 alp 242.24 as-cri.doc 4.

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

(SANDEEP V. MARNE, J.) Digitally signed by SUDARSHAN RAJALINGAM KATKAM Date:

2026.01.28 15:10:30 +0530 SUDARSHAN RAJALINGAM KATKAM Note: This order is corrected in the cause title in view of speaking to the minutes of order dated 27 January 2026. katkam Page No.

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