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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The Court held that the application may be withdrawn, with liberty to file a fresh application after the chargesheet is filed.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 The Court considered whether the application could be withdrawn and if the petitioners could be permitted to file a fresh application after the chargesheet is submitted.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 Consequently, the application was disposed of as withdrawn.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  • Whether the criminal application may be withdrawn pending the filing of a chargesheet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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