Bombay High Court

BHIMRAO MADHAVRAO KUTE AND OTHERSversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal: Withdrawn

Holding

The appeal is dismissed as withdrawn, without any consideration of its merits.

Summary

The appellants Bhimrao Madhavrao Kute and others filed a criminal appeal challenging the trial court's judgment in Crime No. 119/2026, which involved offences under the Bharatiya Nyaya Sanhita and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. During the hearing, counsel for the appellants informed the court that they wished to withdraw the appeal. The State counsel was unable to comment on the withdrawal. The court entertained the request and dismissed the appeal as withdrawn, expressly noting that the dismissal was not on the merits of the case. No substantive examination of the criminal charges was undertaken.

Issues considered

Whether an appeal can be withdrawn by the appellant after filing
Effect of withdrawal on the disposition of the appeal

Legislation cited

Bharatiya Nyaya Sanhita — s. 115(2), 189(2), 190, 191(2), 191(3), 296, 351(2), 352
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(r), 3(1)(s), 3(2)(va)

Subjects

withdrawal of appeal
criminal appeal
procedural dismissal
Bharatiya Nyaya Sanhita
SC/ST Prevention of Atrocities Act

Judgment

                                -1-
                                                 criappeal461.26.odt

       IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                   BENCH AT AURANGABAD

              935 CRIMINAL APPEAL NO. 461 OF 2026

Bhimrao Madhavrao Kute & others                ….Appellants

VERSUS

The State of Maharashtra & another             …..Respondents

Mr. G. K. Naik Thigle, Advocate for Appellants.
Ms. R. P. Gour, APP for the State.
Mr. Taher Ali Quadri, Advocate for Respondent No. 2.

                             CORAM : R. M. JOSHI, J.
                             DATE : 8th SEPTEMBER, 2026.
PER COURT :


1.     Learned Counsel for Appellant, on instructions, has already

made a statement with regard to B Summary being filed in

connection with Crime No. 119/2026 registered with Hatta Police

Station, District Hingoli, for the offences punishable under Sections

189(2), 190, 115(2), 191(2), 191(3), 296, 352, 351(2) of Bharatiya

Nyaya Sanhita and Sections 3(1)(r), 3(1)(s), 3(2)(va) of Scheduled

Castes and Scheduled Tribes (Prevention of Atrocities) Act before the

competent Court.



2.   Learned Counsel for informant confirms the said fact. Learned

APP is unable to make any statement in this regard.
                                -2-
                                                criappeal461.26.odt



3.    In view of the above, learned Counsel for Appellants seeks

withdrawal of the appeal.



4.    Appeal stands dismissed as withdrawn. It is clarified that the

appeal is not dismissed on merits.



                                               ( R. M. JOSHI, J.)

dyb

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