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Bombay High Court

THE STATE OF MAHARASHTRAversusRAJESH MORESHWAR GAVATE

Decided
Disposal
Allowed To be withdrawn

Holding

The appeal is not maintainable and the State is permitted to withdraw it with liberty to adopt appropriate proceedings.

Summary

The State of Maharashtra prosecuted Rajesh Moreshwar Gavate before a magistrate, and subsequently filed an appeal before the Sessions Court, which was dismissed. The State then sought to file a further appeal, raising the question of its maintainability. The State's Additional Public Prosecutor applied for permission to withdraw the appeal while seeking liberty to pursue appropriate proceedings under law. The High Court held that the appeal was not maintainable and granted the application to withdraw the appeal. The Court also directed that the State may adopt suitable legal steps in accordance with the law.

Issues considered

  • Whether the appeal filed by the State is maintainable under criminal procedure law
  • Whether the State can be permitted to withdraw the appeal and be given liberty to pursue alternative proceedings

Subjects

  • criminal procedure
  • appeal maintainability
  • withdrawal of appeal
  • interim application
  • high court

Judgment

                                                                              29-ia-746-2025.doc


                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     CRIMINAL APPELLATE JURISDICTION
                                   INTERIM APPLICATION NO. 746 OF 2025
                                                    IN
                            CRIMINAL APPLICATION (ST) NO. 3206 OF 2025
                                      (FOR LEAVE TO FILE APPEAL)


                       The State of Maharashtra                       ...Applicant
                            Versus
                       Rajesh Moreshwar Gavate                        ...Respondent


                       Ms. Mahalakshmi Ganapathy, Addl.P.P for the Applicant-State.

                       Mr. Rajesh Datar i/b Ms. Druti Datar for the Respondent.

                                             CORAM : SARANG V. KOTWAL &
                                                     ASHISH S. CHAVAN, JJ.
                                            DATE : 22nd JULY, 2026

                       P.C. :


                       1.           In this matter, the trial was conducted before the learned

                       Magistrate. After that, appeal was preferred by the State before the
          Digitally
          signed by

RUPALI
          RUPALI
          RAJESH
                       Sessions Court, which was dismissed. Therefore, this appeal by the
RAJESH    WAKODIKAR
WAKODIKAR Date:
          2026.07.24
          10:46:09
          +0530        State is not maintainable.

        Wakodikar                                                                            1/2
                                                                29-ia-746-2025.doc




            2.        Learned Addl.P.P sought permission to withdraw this

            appeal with liberty to adopt appropriate proceedings in accordance

            with law. Permission is granted.




            3.        The appeal alongwith the application for condonation of

            delay is allowed to be withdrawn with liberty to the State to adopt

            appropriate proceedings in accordance with law.




            (ASHISH S. CHAVAN, J.)                 (SARANG V. KOTWAL, J.)




Wakodikar                                                                      2/2


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