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Bombay High Court

ASHFAQUE HUSSAIN SAHAFAT HUSSAIN MANSOORIversusSTATE OF MAHARASHTRA AND ANR

Decided
Disposal
Disposed Off

Holding

The Court held that it may grant leave to withdraw a criminal application and permit the applicant to file a fresh application.

Summary

The applicant, Ashfaque Hussain et al., filed a criminal application before the High Court of Judicature at Bombay. Through counsel Ms. Aarti E. Yadav, the applicant sought leave of the Court to withdraw the present application and to be permitted to file a fresh application in accordance with law. The State, represented by Mr. Sukanta A. Karmakar, was heard on the matter. The Court considered the request and, finding no impediment, allowed the withdrawal and granted liberty to file a fresh application. Consequently, the application was disposed of as withdrawn with liberty as prayed for.

Issues considered

  • Whether the Court may grant leave to withdraw a criminal application and permit filing of a fresh application

Subjects

  • withdrawal of application
  • criminal procedure
  • high court jurisdiction

Judgment

                                                                                          19. APL1589-26.odt


    Amberkar

                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                   CRIMINAL APPELLATE JURISDICTION


                                            CRIMINAL APPLICATION NO. 1589 OF 2026

               Ashfaque Hussain Sahafat Hussain Mansoori                             .. Applicant
                          Versus
               State of Maharashtra & Anr.                                           .. Respondents
                                           ....................
                Ms. Aarti E. Yadav, Advocate for Applicant
                Mr. Sukanta A. Karmakar, APP for State
                Ms. Anupama patil, Pairavi SK
                                                           ...................
                                                          CORAM : MILIND N. JADHAV, J.
                                                          DATE          : SEPTEMBER 2, 2026
               P. C.:

               1.       Heard Ms. Yadav, learned Advocate for Applicant and Mr.

               Karmakar, learned APP for State.


               2.       Ms. Yadav seeks leave of the Court to withdraw the present

               Application, with liberty to file a fresh Application in accordance with

               law. In view of the aforesaid, the present Application is disposed of as

               withdrawn with liberty as prayed for.


Amberkar                                                               [ MILIND N. JADHAV, J. ]

                         Digitally signed
                         by RAVINDRA
               RAVINDRA MOHAN
               MOHAN    AMBERKAR
               AMBERKAR Date:
                         2026.09.02
                         15:32:15 +0530




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