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Bombay High Court

SAI GANESH CO OPERATIVE SOCEITY LTDversusSHIVPUTRA SHANKAR KUDCHE AND ANR

Disposal
Disposed Off

Holding

The court granted leave to withdraw the appeals and ordered them to be disposed of as withdrawn.

Summary

The appellant, Sai Ganesh Co‑Operative Society Ltd, filed several criminal appeals (Nos. 1648‑1655 of 2011) against Shivputra Shankar Kudche and others. The appellant’s counsel informed the court that the matter was settled and sought to withdraw the appeals. The respondent’s counsel concurred with the request to withdraw. The bench, after hearing both sides, granted leave to withdraw the appeals. Consequently, all the listed criminal appeals were ordered to be disposed of as withdrawn. No substantive merits of the case were addressed as the proceedings were terminated by withdrawal.

Issues considered

  • Whether the High Court can grant leave to withdraw pending criminal appeals under the procedural law.

Subjects

  • withdrawal of appeal
  • criminal procedure
  • appellate jurisdiction
  • procedural law

Judgment

                                              21-APEAL-1651-2011 (CR).docx


          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIRCUIT BENCH AT KOLHAPUR
                 CRIMINAL APPELLATE JURISDICTION
                      CR. APPEAL NO. 1651 OF 2011
Sai Ganesh Co Operative Soceity Ltd            … Appellant
                  Versus
Shivputra Shankar Kudche And Anr.             … Respondents

                                    WITH
                      CR. APPEAL NO. 1648 OF 2011
Sai Ganesh Co Operative Soceity Ltd            … Appellant
                  Versus
Shivputra Shankar Kudche And Anr.             … Respondents
                                    WITH
                      CR. APPEAL NO. 1649 OF 2011
Sai Ganesh Co Operative Soceity Ltd            … Appellant
                  Versus
Shivputra Shankar Kudche And Anr.             … Respondents
                                    WITH
                      CR. APPEAL NO. 1652 OF 2011
Sai Ganesh Co Operative Soceity Ltd            … Appellant
                  Versus
Shivputra Shankar Kudche And Anr.             … Respondents
                                    WITH
                      CR. APPEAL NO. 1653 OF 2011
Sai Ganesh Co Operative Soceity Ltd            … Appellant
                  Versus
Shivputra Shankar Kudche And Anr.             … Respondents


                                    WITH



Arjun                               1
                                                    21-APEAL-1651-2011 (CR).docx


                       CR. APPEAL NO. 1654 OF 2011

Sai Ganesh Co Operative Soceity Ltd                 … Appellant
                    Versus
Shivputra Shankar Kudche And Anr.                   … Respondents
                                    WITH
                       CR. APPEAL NO. 1655 OF 2011

Sai Ganesh Co Operative Soceity Ltd                 … Appellant
                    Versus
Shivputra Shankar Kudche And Anr.                   … Respondents


                                 ——————
Mr. Siyal Magdum i/b Umesh Manakapure, Advocate for the Appellant.
Mr. Rahul Rote, i/b Vijay Killedar, Advocate for the Respondent No. 1.
Mr. C. D. Mali, APP for the Respondent – State.
                                 ——————

                                 Coram :    ASHWIN D. BHOBE, J.

                                 Date :     17th September 2026.

PER COURT :


1.      Heard Mr. Siyal Magdum, learned Advocate for the Appellant, Mr.

Rahul Rote, learned Advocate for the Respondent No. 1 and Mr. C. D. Mali,

learned APP for the Respondent – State.


2.      Mr. Siyal Magdum, learned Advocate for the Appellant, submits that

the subject matter of these Appeals is settled and he has instructions from the

Appellant in these Appeals to withdraw the same.



Arjun                               2
                                                                    21-APEAL-1651-2011 (CR).docx


                 3.      Mr. Rahul Rote, learned Advocate for the Respondent No. 1, confirms

                 the statement made by Mr. Siyal Magdum, learned Advocate for the

                 Appellant.


                 4.      In view of the statement made by Mr. Siyal Magdum, learned Advocate

                 for the Appellant, leave is granted to withdraw the present Appeal.


                 5.      Criminal Appeal Nos. 1651 of 2011, 1648 of 2011, 1649 of 2011, 1652

                 of 2011, 1653 of 2011, 1654 of 2011 and 1655 of 2011, are disposed of as

                 withdrawn.



                                                                   [ ASHWIN D. BHOBE, J. ]




          Digitally
          signed by
          ARJUN
ARJUN     KRISHNA
KRISHNA   RODGE
RODGE     Date:
          2026.09.21
          11:17:05
          +0530




                 Arjun                               3


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