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Bombay High Court

AZIZAL SIRAJUL HAQUEversusSTATE OF MAHARASHTRA

Decided
Disposal
Allowed To be withdrawn

Holding

The Court permitted the withdrawal of the application and granted leave and liberty to the applicant to approach the Court in the future.

Summary

The applicant, Azizul Sirajul Haque, filed a criminal application before the Bombay High Court. He later sought to withdraw the application, requesting the Court's permission to do so and to retain the liberty to approach the Court in the future if needed. The learned Advocate for the applicant, Mr. Mithilesh Mishra, submitted a request for withdrawal. The Court, after hearing counsel, allowed the withdrawal of the application and granted the applicant leave and liberty to approach the Court later as required. No substantive merits of the original application were addressed, and the matter was disposed of on the basis of the withdrawal.

Issues considered

  • Whether the applicant may be permitted to withdraw the pending criminal application and retain liberty to approach the Court later?

Subjects

  • withdrawal of application
  • criminal appellate jurisdiction
  • procedural law
  • leave and liberty
  • court discretion

Judgment

                                                                                      32. CRI APL-1506-26.odt


    Amberkar

                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                   CRIMINAL APPELLATE JURISDICTION


                                            CRIMINAL APPLICATION NO. 1506 OF 2026

               Azizul Sirajul Haque                                                  .. Applicant
                           Versus
               State of Maharashtra & Anr.                                           .. Respondent
                                          ....................
                Mr. Mithilesh Mishra, Advocate for Applicant
                Mr. Yogesh M. Nakhwa, APP for State
                Mr. A.K. Chauhan, Advocate for Respondent No. 2
                PSI Metkari, L.T. Marg Police Station
                                                           ...................
                                                          CORAM : MILIND N. JADHAV, J.
                                                          DATE          : SEPTEMBER 28, 2026
               P. C.:

               1.       Heard learned Advocates appearing for the parties.


               2.       Mr. Mishra, learned Advocate for Applicant, in his usual fair

               mindedness persuades the Court that that he be allowed to withdraw

               the present Application reserving leave and liberty to the Applicant to

               approach this Court in accordance with law. In that view of the matter,

               present Application is allowed to be withdrawn and disposed of with

               leave and liberty to approach this Court as and when required.



Amberkar                                                               [ MILIND N. JADHAV, J. ]
                         Digitally signed
                         by RAVINDRA
               RAVINDRA MOHAN
               MOHAN    AMBERKAR
               AMBERKAR Date:
                         2026.09.28
                         20:36:01 +0530




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