Bombay High Court

PUSHPA ASHOK KAMBLE AND ORSversusTHE STATE OF MAHARASHTRA AND ANR

Disposal: Disposed off as Withdrawn
Bench: SANDESH D PATIL

Holding

The Court held that it may allow the withdrawal of the application and grant liberty to file a fresh application.

Summary

The applicants, Pushpa Ashok Kamble and others, filed a criminal application seeking leave to withdraw the pending application after the charge-sheet had been filed. They requested liberty to file a fresh application if advised. The learned counsel for the respondents opposed the withdrawal. The Court examined the request and exercised its discretion to allow the withdrawal. Consequently, the application was disposed of as withdrawn, with liberty granted to the applicants to file a fresh application.

Issues considered

Whether the High Court may permit the withdrawal of a criminal application with liberty to file a fresh application.

Subjects

withdrawal of application
criminal procedure
high court
leave to withdraw
fresh application

Judgment

                                                                                      41-APL-1000-2025 (CR).doc




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

                                           CRIMINAL APPLICATION NO. 1000 OF 2025

                        Pushpa Ashok Kamble and others              ]             Applicants
                              Vs.
                        The State of Maharashtra and another        ]             Respondents
                                                         .....
                        Mr. Jaydeep D Mane, Advocate for the Applicants.

                        Mr. Avinash A. Naik, A.P.P, for Respondent No.1 – State.

                        Ms. Sonali Shinde (through V.C.) i/b Mr. Sarvajit Patil, for Respondent
           Digitally
           signed by
           SHAILAJA
                        No.2.
SHAILAJA   SHRIKANT
SHRIKANT
HALKUDE
           HALKUDE
           Date:                                         …..
           2026.06.29
           16:37:51
           +0530                                         CORAM: SANDESH D. PATIL, J.
                                                         DATED: 25th JUNE 2026.
                        P. C. :

                        1.          Learned counsel for the applicants submits that the charge-sheet

                        has been filed. He, therefore, seeks leave of this Court to withdraw the

                        present application with liberty to file a fresh application, if so advised.

                        2.         Leave, as prayed for, is granted. The application is permitted to be

                        withdrawn with liberty, as prayed for.

                        3.         Accordingly, the present application stands DISPOSED of as

                        withdrawn, with the aforesaid liberty.



                                                                             [SANDESH D. PATIL, J.]


                        Shailaja                               1

Continue reading with your account

Checking your session…