Bombay High Court
Balkrishna Ramchandra ShelarversusAvinash Narayan Parulekar
- Disposal
- Allowed To be withdrawn
Holding
The Court held that the application may be withdrawn with liberty to prefer an appeal.
Summary
The applicant, Balkrishna Ramchandra Shelar, sought to withdraw his criminal application after citing the Supreme Court's decision in Celestium Financial v. A. Gnanasekaran. He also requested liberty to file an appeal in the appropriate forum. The learned counsel for the applicant made this request before the Bombay High Court, Kolhapur Bench. The Court, after considering the counsel's statement and the precedent, accepted the request. Consequently, the application was disposed of as withdrawn, with the liberty to appeal as prayed for.
Issues considered
- Can a criminal applicant withdraw an application and be granted liberty to file an appeal in a higher forum?
Subjects
- withdrawal of application
- liberty to appeal
- criminal procedure
- precedent
- high court discretion
Judgment
2026:BHC-KOL:7858
501.ALP.217.2024.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 217 OF 2024
Balkrishna Ramchandra Shelar ...Applicant
Versus
Avinash Narayan Parulekar and Another ...Respondents
***
Mr. Somnath Thengay i/b Mr. Nikhil Gole, Advocate for the Applicant.
Mr. Anand S. Shalgaonkar, APP for Respondent – State.
***
CORAM : ABHAY J. MANTRI, J.
DATE : AUGUST 21, 2026
PER COURT :
1. The learned counsel for the Applicant submits that, in view of
the dictum laid down in the judgment of the Hon’ble Supreme Court in
Celestium Financial Vs. A. Gnanasekaran and others, the Applicant does not
wish to proceed with the Application and seeks leave to withdraw the
Application with liberty to prefer an Appeal before the appropriate forum.
His statement is accepted.
2. In view of the statement made by the learned counsel for the
Applicant, the Application is disposed of as withdrawn with liberty as prayed for,
in accordance with law.
(ABHAY J. MANTRI, J.)
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