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Bombay High Court

ANJAN KUMAR NAVINCHANDRA SHAH AND ANRversusSTATE OF MAHARASHTRA AND ANR

Decided
Disposal
Disposed Off

Holding

The Court allowed the withdrawal of the criminal application and disposed of it as withdrawn.

Summary

The applicants filed a criminal application seeking quash of an FIR registered under several sections of the Bharatiya Nyaya Sanhita, 2023. During the hearing they were informed that they had been dropped from the charge‑sheet. On that basis they applied to withdraw the criminal application. The respondent State, through its counsel, did not object to the withdrawal. The Court, noting the lack of objection, granted leave to withdraw and disposed of the application as withdrawn.

Issues considered

  • Can a criminal application for quash of FIR be withdrawn when the applicants are dropped from the charge‑sheet?
  • Whether the court should permit withdrawal of the application in the absence of objection from the State?

Legislation cited

Subjects

  • criminal procedure
  • quash of FIR
  • withdrawal of application
  • charge-sheet
  • Bharatiya Nyaya Sanhita

Judgment

                                                                       57-APL-1008-2026.doc



             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CRIMINAL APPELLATE JURISDICTION
                   CRIMINAL APPLICATION NO. 1008 OF 2026
Anjan Kumar Navinchandra Shah And Anr.                              … Applicant
     Versus
The State Of Maharashtra And Anr.            … Respondents
__________________________________________________________
Mr. Viral Rathod i/b Mr. Vishwatej Jadhav, Advocate for the
Applicants.
Ms. Shilpa Gajare-Dhumal, APP for the Respondent – State.
PSI Dattatray Todkar, Yellow Gate Police Station, Mumbai.
__________________________________________________________

                                        CORAM : ASHWIN D. BHOBE, J.
                                         DATE : 17th June, 2026.
P.C. :


1.       By the present Application, the Applicant has sought for the

following substantive relief in terms of prayer clause A :-


             “A. This Hon’ble Court be pleased to quash and set aside the
             FIR bearing CR No. 19/2026 registered at the Yellow Gate
             Police Station Mumbai for the offences punishable under
             Sections 303(2), 318(4), 336(3), 340(2) and 3(5) of the
             Bharatiya Nyaya Sanhita, 2023 against the Applicants on such
             terms and condition as this Hon’ble Court deems fit.”


2.       On 12.06.2026, the following order was made :-


             “1. Heard Mr. Viral Rathod, learned Advocate for the
             Applicants. He submits that as per the information received by
             the Applicants, the Applicants have been dropped from the



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                                                                        57-APL-1008-2026.doc



             charge-sheet filed by the Respondents in the present crime. He,
             however seeks time to confirm the position.

             2. In view of the above statement made by Mr. Viral Rathod,
             learned Advocate for the Applicants, presently issue notice to
             the Respondent No.1.

             3. Ms. Shilpa Talhar, learned APP, appears, waives service of
             notice on behalf of Respondent No. 1 - State and submits that
             she would take instructions on the submission made by Mr.
             Viral Rathod, learned Advocate for the Applicants. She
             requests for time till 17.06.2026.

             4. At the request of Ms. Shilpa Talhar, learned APP list the
             matter on 17.06.2026, "First on Board".”



3.       Today, Ms. Shilpa Gajare-Dhumal, learned APP for the

Respondent-State, on instructions of PSI Dattatray Todkar who is

present in Court, submits that upon completion of the investigation

in Crime No. 19 of 2026, the Applicant No. 1 (Anjan Kumar

Navinchandra Shah) and Applicant No. 2 (Mahesh Prasad Singh)

are dropped from the charge-sheet.



4.       In view of the statement made by Ms. Shilpa Gajare-

Dhumal, learned APP for the Respondent-State, Mr. Viral Rathod,

learned Advocate for the Applicants, on instructions from the

Applicant, seeks leave to withdraw the present Criminal

Application.




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                                                      57-APL-1008-2026.doc



5.       Request made by Mr. Viral Rathod, learned Advocate for the

Applicant is not objected by Ms. Shilpa Gajare-Dhumal, learned

APP for the Respondent-State.



6.       In view of the statement made by Mr. Viral Rathod, learned

Advocate for the Applicants and the no objection given by Ms.

Shilpa Gajare-Dhumal, learned APP for the Respondent-State,

leave is granted to withdraw the Criminal Application.



7.       Criminal Application No. 1008 of 2026 is disposed of as

withdrawn.



                                           (ASHWIN D. BHOBE, J.)




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