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Bombay High Court

SIDHANATH NAGARI SAHAKARI PATHSANSTHAversusRAJENDRAKUMAR MARUTRAO CHORMALE AND ANR

Disposal
Disposed Off

Holding

The appeal is dismissed as withdrawn.

Summary

The appellant, Sidhanath Nagari Sahakari Pathsanstha, initially sought leave to appeal a 2012 judgment of the Judicial Magistrate First Class, Dahiwadi, in a summary criminal case. The appellant's counsel, Mr. Vishwajit V. Nalawade, later moved before the Bombay High Court seeking permission to withdraw the appeal. The respondent, represented by Mr. S. S. Choudhari, did not oppose the withdrawal. The Court, after considering the counsel's request, granted leave to withdraw the appeal. Consequently, the appeal was dismissed as withdrawn.

Issues considered

  • Whether an appellant may be permitted to withdraw a criminal appeal after filing a petition for leave to appeal.

Subjects

  • appeal withdrawal
  • criminal procedure
  • summary criminal case
  • leave to appeal
  • high court

Judgment

            Digitally signed
            by LAXMIKANT
            GOPAL
LAXMIKANT   CHANDAN                                                              (30) APEAL-286.25.DOCX
GOPAL       Date:
CHANDAN     2026.08.27
            17:19:27
            +0530
                                                                                                          lgc

                                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                               CIRCUIT BENCH AT KOLHAPUR
                                             CRIMINAL APPELLATE JURISDICTION

                                               CRIMINAL APPEAL NO. 286 OF 2025

                               Sidhanath Nagari Sahakari Pathsanstha
                               Through
                               Shailendra Pandharinath Kharat                              : Appellant.
                                     Versus
                               Rajendrakumar Marutrao Chormale & anr.                      : Respondents.

                               ______________________________________________________

                               Mr. Vishwajit V Nalawade for the Appellant.
                               Mr. S. S. Choudhari, APP for the Respondent – State.
                               ______________________________________________________

                                                          CORAM : ASHWIN D. BHOBE, J.

                                                            DATED :       25 AUGUST 2026
                               PC:-



                               1.     By the present Appeal, the Appellant has sought for the
                               following substantive relief :-

                                         “(a)        This Hon’ble Court be pleased to grant leave to
                                         file appeal against the Judgment and Order dated
                                         31/01/2012 passed by Ld. Judicial Magistrate First Class,
                                         Dahiwadi in Summary Criminal Case No.64 of 2001 in the
                                         interest of justice and in the facts and circumstances of this
                                         case.”

                               2.     Mr. Vishwajit Nalawade, learned Advocate for the Appellant,
                               on instructions from the Appellant, seeks leave to withdraw the
                               present Appeal. Mr. S. S. Choudhari, learned APP for the
                               Respondent – State, does not oppose the said request.



                                                                     1
                                        (30) APEAL-286.25.DOCX


3.    In view of the statement made by Mr. Vishwajit Nalawade,
learned Advocate for the Appellant, leave is granted to withdraw
this Appeal.

4.    Criminal Appeal No.286 of 2025 is dismissed of as
withdrawn.




                                        (ASHWIN D. BHOBE, J.)




                               2


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