Bombay High Court

PRANAY MONDAL ALIAS@ PRALAY MONDAL AND ORSversusTHE STATE OF MAHARASHTRA AND ANR

Decided: 9 October 2026
Disposal: Disposed Off

Holding

The court held that the criminal application may be withdrawn with liberty to file a fresh application once the charge-sheet is numbered.

Summary

The applicants, Pranay Mondal and others, filed a criminal application seeking to withdraw the pending application and obtain liberty to file a fresh one once the charge-sheet, which had been filed before the 3rd Judicial Magistrate First Class, Mira Road, is numbered. The counsel for the applicants argued that the charge-sheet should be relied upon as soon as it is formally numbered. The respondents, the State of Maharashtra, opposed the withdrawal. The court examined whether the application could be withdrawn pending the formal numbering of the charge-sheet. Finding no legal impediment, the court permitted the withdrawal and granted the liberty sought. Consequently, the applicants may file a new application annexing the duly numbered charge-sheet and any necessary averments.

Issues considered

What is the appropriate procedure for withdrawing a criminal application pending the formal numbering of a charge-sheet?
Does the court have the discretion to allow a fresh application to be filed after withdrawal?

Subjects

Criminal Procedure Code
withdrawal of application
charge-sheet
fresh application
court discretion

Judgment

                                                       38. APL 1520-2026.doc

              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CRIMINAL APPELLATE JURISDICTION

                       CRIMINAL APPLICATION NO.1520 OF 2026

Mr. Pranay Mondal Alias @ Pralay
Mondal & Ors.                             …     Applicants
          Versus
The State of Maharashtra
(Through Navghar Police Station,
Mira-Bhyander) And Anr.                   …     Respondents
                                   …..
Mr. Siddhant H. Deshpande, for the Applicants.
Mr. Ajay Patil, A.P.P. for Respondent No.1-State.
                                   …..

                                    CORAM: SANDESH D. PATIL, J.

                                    DATED : 9th OCTOBER 2026
P.C.

1.           Mr. Siddhant Deshpande, the learned Counsel for the

Applicants submits that the charge-sheet has been filed before the

learned 3rd J.M.F.C., Mira Road, however, it is not yet numbered. He

further submits that he would like to rely upon the charge-sheet as

and when the same is filed.


2.        The learned Counsel for the Applicants, seeks leave with

withdraw the present Criminal Application with liberty to file a fresh

Application annexing the charge-sheet as well as taking necessary

RaJesh Chittewan, PS                                                      1/2
                                                      38. APL 1520-2026.doc

averments.


3.        In this premise, the Criminal Application is allowed to be

withdrawn with liberty as prayed for.



                                      (SANDESH D. PATIL, J.)




RaJesh Chittewan, PS                                                     2/2
                   Digitally signed
 RAJESH    by RAJESH
           VASANT
 VASANT    CHITTEWAN
 CHITTEWAN Date: 2026.10.09
                   19:17:14 +0530

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