Shobha K Sannake v. The State Of Maharashtra And ANR

3-apl-385-2026.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 385 OF 2026 Shobha K Sannake ... Applicant V/S.

The State Of Maharashtra And Anr.

... Respondent __________________________________________________________ Mr. Ganesh Vaidya, learned Advocate for the Applicant. Mr. Sukanta Karmakar, learned APP for the Respondent - State. ASI Rewale, N. M. Joshi Marg Police Station, is present. __________________________________________________________ CORAM : ASHWIN D. BHOBE, J.

DATE : 5th March, 2026.

P.C. :

1.

Mr. Sukanta Karmakar, learned APP for the Respondent - State, raises a preliminary objection to the entertainability of this Application on the ground that the Order dated 7th November, 2023 impugned in the present Application is order issuing process which is a revisable Order against which a Criminal Revision Application would be maintainable before the Sessions Court, at the first instance.

2.

Faced with the said objection, Mr. Ganesh Vaidya, learned Advocate for the Applicant on instructions from the Applicant, Arjun

3-apl-385-2026.doc craves leave to withdraw the present Application with liberty to file a Criminal Revision Application under section 438 of the Bharatiya Nagarik Suraksha Sanhita, 2023 before the Sessions Court having jurisdiction.

3.

Request made by Mr. Ganesh Vaidya, is not objected to by Mr. Sukanta Karmakar, learned APP.

4.

In view of the statement made by Mr. Ganesh Vaidya, leave granted to withdraw the present Application with liberty to file a Criminal Revision Application before the Sessions Court having jurisdiction.

5.

If such Revision Application is filed, the same be considered on its own merits and in accordance with law. 6.

In view of the above, Criminal Application No. 385 of 2026 is disposed of as withdrawn.

(ASHWIN D. BHOBE, J.) Digitally signed by ARJUN KRISHNA RODGE Date:

2026.03.09 12:21:23 +0530 ARJUN KRISHNA RODGE Arjun