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- Allowed To be withdrawn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delay is allowed to be withdrawn with liberty to the State to adopt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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