Bombay High Court

HASMUKH BHAI JESHA BHAI BHUTAKversusSTATE OF MAHARASHTRA

Decided: 8 January 2026
Disposal: Disposed Off
Bench: ASHWIN D BHOBE

Holding

The Court granted leave to withdraw the criminal application and disposed of it as withdrawn.

Summary

The applicant, Hasmukh Bhai Jesha Bhai Bhutak, filed a criminal application seeking the High Court's inherent powers under sections 482 and 483 of the Criminal Procedure Code to call for records of a pending magistrate case (PS/3220/2017) and to quash the FIR filed against him under IPC sections 279 and 338. After hearing, the applicant's counsel requested permission to withdraw the application, and the State's counsel did not oppose the withdrawal. The Court, after considering the request, granted leave to withdraw the application. Consequently, Criminal Application No. 1640 of 2025 was disposed of as withdrawn.

Issues considered

What is the procedure for withdrawing a criminal application filed under the inherent powers of the High Court?

Legislation cited

Code of Criminal Procedure, 1973 — s. 482, 483

Subjects

criminal procedure
inherent powers
withdrawal of application
quash FIR
section 482
section 483

Judgment

Gitalaxmi                                                             6-APL-1640-2025.doc



                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              CRIMINAL APPELLATE JURISDICTION

                              CRIMINAL APPLICATION NO. 1640 OF 2025

            Hasmukh Bhai Jesha Bhai Bhutak                    ...Applicant

                     Versus

            The State of Maharashtra And Anr.                 ...Respondents
                                         __________

            Mr. Aditya Ramesh Parmar, learned Advocate for the Applicant.
            Mr. Prasanna P. Malshe, learned A.P.P. for the State/Respondent No. 1.
                                           __________

                                       CORAM : ASHWIN D. BHOBE, J.
                                       DATE : 8th JANUARY 2026.

            P.C. :


            1.       By the present Application, the Applicant has sought for the
            following substantive relief :-


                 “(a) This Hon'ble Court by invoking its inherent powers
                 vested under sections 482 and 483 of Cr.P.C be pleased to call
                 for the records and proceedings of the Criminal Case No.
                 PS/3220/2017 pending before the Ld. Judicial Magistrate
                 (First Class), Andheri, 10th Court in connection with C.R. No.
                 140 of 2017 registered with Jogeshwari Police Station for
                 offences u/s. 279 and 338 of the Indian Penal Code and upon
                 ascertaining the legality and propriety thereof be pleased to
                 quash and set aside the FIR qua the Applicant.”

            2.       After having heard the matter for sometime, Mr. Aditya
            Parmar, learned Advocate for the Applicant, on instructions from
            the Applicant, seeks leave to withdraw the present Application.


            3.       Mr. Prasanna Malshe, learned A.P.P. for the State/Respondent
                                              Page 1 of 2
Gitalaxmi                                                         6-APL-1640-2025.doc


            does not object for grant of the request made by Mr. Aditya Parmar,
            learned Advocate for the Applicant.


            4.      In view of the above, leave granted to withdraw the present
            Criminal Application. Criminal Application No. 1640 of 2025 is
            disposed of as withdrawn.




                                                 [ASHWIN D. BHOBE, J.]

                 GITALAXMI
                 KRISHNA
                 KOTAWADEKAR
                 Digitally signed by
                 GITALAXMI KRISHNA
                 KOTAWADEKAR
                 Date: 2026.01.13
                 15:34:10 +0530




                                           Page 2 of 2

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