Kumudini Mayur vs Lalit Visanji Mota on 23 January, 2025

Supreme Court – Daily Orders

Kumudini Mayur vs Lalit Visanji Mota on 23 January, 2025

Author: Abhay S. Oka

Bench: Abhay S. Oka

                                            IN THE SUPREME COURT OF INDIA
                                           CRIMINAL APPELLATE JURISDICTION


                                           CRIMINAL APPEAL NO.1907 OF 2019


                         KUMUDINI MAYUR                                      ... APPELLANT(S)

                                                              VS.


                         LALIT VISANJI MOTA & ORS.                           ... RESPONDENT(S)


                                                         O R D E R

Heard the learned counsel appearing for the parties.

The first respondent filed a private complaint under

Section 200 of the Code of Criminal Procedure, 1973 (for

short, the “CRPC”) alleging commission of an offence

punishable under Sections 500 read with 114 and 34 of the

Indian Penal Code, 1860. The learned Magistrate issued

process. Initially, a Writ Petition was filed by the

appellant before the High Court for challenging the order

issuing process. The Writ Petition was withdrawn.

Thereafter, a Revision Application was filed by the

appellant under Section 397 of the CRPC for challenging

the order issuing of process. The delay in filing

Revision Application was not condoned mainly on the

ground that while the Writ Petition was withdrawn, this

Court did not grant liberty to the appellant to file a
Signature Not Verified

Digitally signed by Revision Application. The order of the Sessions Court
ASHISH KONDLE
Date: 2025.01.30
18:30:30 IST

has been confirmed by the High Court.

Reason:

1

Even if the Writ Petition was withdrawn, the remedy

under Section 397 of the CRPC available to the appellant

cannot be taken away. The withdrawal of the Writ

Petition was no ground for not considering the Revision

Application on merits. Therefore, the impugned orders

cannot be sustained and the same are accordingly set

aside. Miscellaneous Application No.1471 of 2016 is

hereby allowed.

We direct the Sessions Court to hear the Revision

Application in accordance with law. We direct the

parties to appear before the Principal Judge of the City

Civil and Sessions Court, Mumbai on 21st February, 2025 in

the morning. The parties appearing today before this

Court shall be under an obligation to appear before the

Court on that day and no further notice shall be served

to them. The learned Principal Judge may either himself

decide to take up the Revision Application on merits or

transfer it to any other Sessions Judge.

A copy of this order shall be forwarded to the

Registrar of the City Civil and Sessions Court, Mumbai

who will ensure that the restored Revision Application is

placed before the learned Principal Judge.

All questions are left open to be decided in the

pending Revision Application.

2
Till the disposal of the Revision Application, the

interim order of stay of further proceedings passed by

this Court on 21st October, 2019 will continue to operate.

The original record be sent back to the City Civil

and Sessions Court, Mumbai, Maharashtra.

The appeal is accordingly allowed.

……………………..J.
(ABHAY S.OKA)

……………………..J.
(UJJAL BHUYAN)

NEW DELHI;

January 23, 2025.

                             3
ITEM NO.101                 COURT NO.5                SECTION II-A

                 S U P R E M E C O U R T O F     I N D I A
                         RECORD OF PROCEEDINGS

Criminal Appeal No(s). 1907/2019

KUMUDINI MAYUR Appellant(s)

VERSUS

LALIT VISANJI MOTA & ORS. Respondent(s)

([ FIRST ON THE CAUSE LIST ]
IA No. 42292/2019 – EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT
IA No. 42293/2019 – EXEMPTION FROM FILING O.T.)

Date : 23-01-2025 This matter was called on for hearing today.

CORAM :

HON’BLE MR. JUSTICE ABHAY S. OKA
HON’BLE MR. JUSTICE UJJAL BHUYAN

For Appellant(s) :

Mr. Dilip Annasaheb Taur, AOR
Mr. Raju Yamgar, Adv.

Mr. Amol V Deshmukh, Adv.

For Respondent(s) :

Mr. Sachin Patil, Adv.

Mr. Geo Joseph, Adv.

Mr. Risvi Muhammed, Adv.
Mr. Rishabh Agarwal, Adv.
Mr. Kailas Bajirao Autade, AOR

Ms. Nilofar Khan, AOR

Mr. Anand Dilip Landge, Adv.
Mr. Aaditya Aniruddha Pande, AOR

UPON hearing the counsel the Court made the following
O R D E R

The appeal is allowed in terms of the signed order.
Pending applications also stand disposed of.

    (ANITA MALHOTRA)                           (AVGV RAMU)
       AR-CUM-PS                              COURT MASTER

(Signed order is placed on the file.)

4