Bombay High Court

HANUMANT BAPURAO YELE ORSversusTHE STATE OF MAHARASHTRA AND ANR

Decided: 9 September 2026
Disposal: Disposed off as Withdrawn

Holding

The court allowed the withdrawal of the present proceedings and granted liberty to file fresh proceedings.

Summary

The applicants filed a criminal application after a chargesheet was lodged against them, seeking the court's permission to withdraw the present proceedings. They requested liberty to initiate fresh proceedings after annexing the chargesheet and making the necessary averments. The sole issue before the court was whether such a withdrawal with liberty to re‑file could be permitted. The court, after considering the application, found no impediment to granting the relief sought. Consequently, the application was disposed of as withdrawn, with the court granting the applicants liberty to file fresh proceedings as prayed for.

Issues considered

Whether the court may allow withdrawal of pending criminal proceedings with liberty to institute fresh proceedings after annexing the chargesheet

Subjects

withdrawal of criminal proceedings
fresh proceedings
chargesheet
criminal application
court discretion

Judgment

                                                         38-APL-1304-2026.doc


             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CRIMINAL APPELLATE JURISDICTION

          CRIMINAL APPLICATION NO. 1304 OF 2026
Hanumant Bapurao Yele and Ors.             .....Applicants
              Versus
The State of Maharashtra and Anr.                      .....Respondents
                               .....
Mr. Amit Sale (through V.C.) a/w Mr. Rushikesh Salunkhe i/b Mr.
Tukaram Shendge, for the Applicants.

Mr. A. A. Palkar, for the Respondent-State.
                                  ..…
                              CORAM : SANDESH D. PATIL, J.
                                   DATE   : 9th SEPTEMBER 2026
P.C.:-

1.        Mr. Amit Sale, learned Counsel for the Applicants submits that

the chargesheet has been filed in this matter. He seeks permission of

this Court to withdraw the present proceedings with liberty to file

fresh proceedings after annexing the chargsheet and making out

necessary averments.


2.        In this premise, Criminal Application No.1304 of 2026 stands

disposed of as withdrawn with liberty as prayed for.




                                            (SANDESH D. PATIL, J.)

Manisha                                                                 1/1
             Digitally signed by
MANISHA      MANISHA
             BALKRISHNA
BALKRISHNA   TALEKAR
TALEKAR      Date: 2026.09.10
             11:13:55 +0530

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