Bombay High Court
DATTATRAY S/O NAGORAO KULKARNI AND ORSversusTHE STATE OF MAHARASHTRA AND ORS
- Decided
- Disposal
- Allowed
Holding
The Court held that the application may be withdrawn, with liberty to file a fresh application after the chargesheet is filed.
Summary
The petitioners, Dattatray Kulkarni and others, filed a criminal application before the Bombay High Court against the State of Maharashtra. The application sought relief pending the filing of a chargesheet. The respondents, represented by the State's Assistant Public Prosecutor, opposed the application. The Court considered whether the application could be withdrawn and if the petitioners could be permitted to file a fresh application after the chargesheet is submitted. It allowed the withdrawal of the present application, granting liberty to file a new one after the chargesheet is filed. Consequently, the application was disposed of as withdrawn.
Issues considered
- Whether the criminal application may be withdrawn pending the filing of a chargesheet
- Whether the petitioners may be permitted to file a fresh application after the chargesheet is submitted
Subjects
- withdrawal of application
- criminal procedure
- chargesheet
- High Court
Judgment
27. CRI APL-1535-24.odt
Amberkar
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 1535 OF 2024
Dattatray S/o. Nagorao Kulkarni & Ors. .. Applicants
Versus
The State of Maharashtra & Ors. .. Respondents
....................
Mr. Sandeep Gupta i/by Mr. Ketan D. Pote, Advocate for Applicants
Ms. Sangeeta E. Phad, APP for State
...................
CORAM : MILIND N. JADHAV, J.
DATE : SEPTEMBER 21, 2026
P. C.:
1. Heard Mr. Gupta, learned Advocate for Applicants and Ms.
Phad, learned APP for State.
2. In view of the praecipe filed dated 11.09.2026, present
Application is allowed to be withdrawn with liberty to file a fresh
Application after submission of the chargesheet. Reserving such
liberty, Application is disposed as withdrawn.
Amberkar [ MILIND N. JADHAV, J. ]
Digitally signed
by RAVINDRA
RAVINDRA MOHAN
AMBERKAR
MOHAN Date:
AMBERKAR 2026.09.21
14:57:32
+0530
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