Dnyaneshwar Prabhakar Kharmate v. State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION VAISHALI ANIL TIKAM CRIMINAL APPLICATION NO. 20 OF 2026 by VAISHALI ANIL TIKAM Date: 2026.01.17 17:54:05 +0530 Dnyaneshwar Prabhakar Kharmate ... Applicant V/s.

State of Maharashtra and Anr.

... Respondents.

--- Mr. Ganesh Gupta i/b. G.G. Legal Assocites (Through VC) Mr. Tanveer Khan, APP for the State.

PSI Satish Chavan, Matunga Police Station --- CORAM :

ASHWIN D. BHOBE, J.

DATE :

14th JANUARY, 2026 P.C. :

1.

By the present Application, the Applicant has sought for the following substantive relief :

"B.

This Hon'ble Court be pleased to quash and set aside the impugned order dated 31/10/2025 passed by the Ld. JMFC, 30th Court Kurla, Mumbai wherein the court has suo motto recalled the order of issue process dated 5/4/2022 passed against Respondents no.2 and 6 u/s 166A, 34 IPC r/w. 145 Maharashtra Police Act in connection with the complaint preferred by the applicant vide CC No. 36/SW/2021 against the respondent police for the offences under Sections 166A, 420, 465, 468, 471 read with Section

34 of the Indian Penal Code, 1860, read with Section 145 of the Maharashtra Police Act, 1951."

2.

Mr. Gupta, learned Advocate for the Applicant submits that the impugned order dated 31st October, 2025 passed by the Judicial Magistrate in C.C. No. 36/SW/2021 is a revisable order. He, therefore, craves leave to withdraw the present Application filed under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023(BNSS) with liberty to file revision application before the Sessions Court having jurisdiction.

3.

Mr. Khan, learned APP for the State submits that the request made by Mr. Gupta is correct and revision would be maintainable before the Sessions Court.

4.

In view of the above, leave granted to withdraw the present Application with liberty to the Applicant to file revision under Section 438 of BNSS before the Sessions Court having jurisdiction.

5.

If the revision application is filed within 10 days from today, the Learned Sessions Court to make an endeavor to decide the same expeditiously.

6.

In view of the above, Criminal Application No.20 of 2026 is disposed of as withdrawn.

(ASHWIN D. BHOBE, J.)