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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Allowed To be withdrawn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The Court granted permission to withdraw the appeal and the interim application, disposing of both as withdrawn.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 Consequently, both the appeal and the interim application were disposed of as withdrawn.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.)


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                    Meera Jadhav


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