Bombay High Court
THE STATE OF MAHARASHTRAversusMOHAN CHANDRAKANT GADEKAR
- Decided
- Disposal
- Allowed To be withdrawn
Holding
The Court granted permission to withdraw the appeal and the interim application, disposing of both as withdrawn.
Summary
The State of Maharashtra appealed against Mohan Chandrakant Gadekar, but the appellant's counsel later realized that the appeal and the accompanying interim application for condonation of delay were filed inadvertently. The counsel sought the Court's permission to withdraw both proceedings, arguing that the proper remedy would be a regular application. The Court considered the request and, finding no prejudice, granted permission to withdraw the appeal and the interim application, allowing the appellant liberty to file the appropriate application in accordance with law. Consequently, both the appeal and the interim application were disposed of as withdrawn. No substantive merits of the original criminal matter were addressed.
Issues considered
- Whether the Court may grant permission to withdraw a criminal appeal and an interim application for condonation of delay filed inadvertently
Subjects
- withdrawal of appeal
- interim application
- condonation of delay
- procedural law
- criminal appellate jurisdiction
Judgment
Digitally
signed by
MEERA 902-IA-4484-25.DOC
MEERA MAHESH
MAHESH JADHAV
JADHAV Date:
2026.10.08
11:09:09
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL (ST) NO. 24315 OF 2025
WITH
INTERIM APPLICATION NO. 4484 OF 2025
IN
CRIMINAL APPEAL (ST) NO. 24315 OF 2025
The State Of Maharashtra ...Appellant/Applicant
Versus
Mohan Chandrakant Gadekar ...Respondent
----------
Ms Supriya Kak, APP for Appellant/ Applicant.
None for Respondent.
-----------
CORAM : SARANG V. KOTWAL &
RANJITSINHA RAJA BHONSALE, JJ.
DATE : 7th OCTOBER 2026.
P.C.
1. Learned APP seeks permission to withdraw these proceedings. She
submitted that, inadvertently, this Appeal and the Interim Application for
condonation of delay is filed and the proper remedy would be an application.
2. Considering her averments, the permission is granted to withdraw
these proceedings with liberty to file appropriate application in accordance
with law.
3. Both the Appeal and the Interim Application are disposed of as
withdrawn.
(RANJITSINHA RAJA BHONSALE, J.) (SARANG V. KOTWAL, J.)
Page 1 of 1
Meera Jadhav
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.