Authority: High Court of Judicature at Bombay, Criminal Appellate Jurisdiction

Order Date: 08 September 2026

Case Overview

  • Petitioners: Bimal Kumar Awadh Prasad Singh (Petitioner)
  • Respondents: M/s Systematic Infotech Pvt. Ltd. (Respondent No.1) and anr., and the Respondent-State
  • Writ Petition Numbers: 4250 of 2024 and 4252 of 2024 filed on 4 June 2024
  • Counsel: Mr. Prajit S. Manjrekar for the Petitioner; Mr. Anil M. Dubey for Respondent No.1; Ms. M. R. Tidke, APP, for the Respondent-State
  • Judicial Bench: Coram Justice Madhav J. Jamdar
  • Key Contentions: Respondent No.1 argued that the petitioner should use the alternate remedy of Revision to challenge the impugned order of issuance of process. The petitioner, through counsel, sought withdrawal of the writ petitions with liberty to pursue the alternate remedy.
  • Procedural Background: The order issuing the process is dated 23 March 2016. The writ petitions were filed on 4 June 2024, invoking Section 14 of the Limitation Act, 1963.

Final Outcome

  • The Court allowed the withdrawal of both writ petitions with liberty to the petitioner to avail the alternate revision remedy.
  • The Court expressly stated that it has not considered the merits of the case; all substantive contentions remain open for future determination.
  • The petitioner is entitled to the limitation benefit under Section 14 of the Limitation Act, 1963, covering the period from 4 June 2024 up to the order date of 8 September 2026.

Topics: Legal Procedure, Limitation Act