Bombay High Court
ANJAN KUMAR NAVINCHANDRA SHAH AND ANRversusSTATE OF MAHARASHTRA AND ANR
- Decided
- Disposal
- Disposed Off
- Bench
- ASHWIN D BHOBE
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The Court allowed the withdrawal of the criminal application and disposed of it as withdrawn.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 The Court, noting the lack of objection, granted leave to withdraw and disposed of the application as withdrawn.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- Can a criminal application for quash of FIR be withdrawn when the applicants are dropped from the charge‑sheet?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
- Bharatiya Nyaya Sanhita, 2023 — s. 303(2), 318(4), 336(3), 340(2), 3(5)
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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