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Bombay High Court

SUDHIR @ RAHUL DATTATRAY HANDOREversusTHE STATE OF MAHARASHTRA AND ANR

Decided
Disposal
Disposed Off

Holding

The Court granted leave to withdraw the application, disposing of it as withdrawn.

Summary

The applicant, Sudhir @ Rahul Dattatray Handore, filed Criminal Application No. 172 of 2026 in the Bombay High Court. After filing, he submitted a separate application under Section 207 of the Criminal Procedure Code before the trial court, which was pending. Unaware of this development, he sought to withdraw the High Court application, requesting liberty to raise all contentions in the trial court proceeding. The State objected to the merits but did not oppose the withdrawal. The Court granted leave to withdraw the application, allowing the applicant to pursue his Section 207 application in the trial court, and ordered the High Court application to be disposed of as withdrawn.

Issues considered

  • Whether the High Court may permit the withdrawal of a criminal application pending before it.

Legislation cited

Subjects

  • withdrawal of application
  • Section 207 CrPC
  • procedural law
  • High Court order
  • criminal appellate jurisdiction

Judgment

               Digitally signed
               by ARUNA
 ARUNA     SANDEEP
 SANDEEP   TALWALKAR
 TALWALKAR Date:
               2026.02.10
               11:27:18 +0530
                                                                  915.APL172.2026.doc



             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         CRIMINAL APPELLATE JURISDICTION
                    CRIMINAL APPLICATION NO. 172 OF 2026

Sudhir @ Rahul Dattatray Handore.                           … Applicant.
            V/s.
The State of Maharashtra & Anr.                             … Respondents.
                                                 ---

Mr. Vipul Dushing a/w. Mr. Ashish Saxena, Advocate for Applicant.
Mr. Sukanta Karmakar, APP for Respondent/State.

                                             -------

                                  CORAM :   ASHWIN D. BHOBE, J.
                                   DATE :   6th FEBRUARY, 2026.
P.C. :


1.                  Mr. Vipul Dushing, learned Advocate for the Applicant

states that this Application was filed on 28 th January, 2026. He

states that subsequent to the filing of this Application, the

Applicant has filed an application before the Trial Court under

section 207 of Cr.P.C. He states that arguments in the said

application before the Trial Court commenced on 31 st January,

2026 and the same is part heard. He submits he was not aware of

the that said subsequent event, as a result of which the same was

not brought to the notice of this Court at the time of hearing in


Talwalkar                                    1
                                                       915.APL172.2026.doc



this Application on 04.02.2026. In view of the said subsequent

event (i.e. filling of the application under section 207 of Cr.P.C.)

Mr. Vipul Dushing on instructions from the Applicant craves leave

to withdraw this Application with liberty to raise and agitate all

contentions before the Trial Court in the pending application filed

under section 207 of Cr.P.C.



2.          Mr. S Karmakar, learned APP though objects to the

merits of this Application before this Court, however does not

object to the request made by Mr. Vipul Dushing for withdrawal of

this Application and proceedings with the Application under

section 207 Cr. P.C.



3.          In view of the above, leave granted to withdraw this

Application with liberty as prayed. Applicant is at liberty to raise

all contentions as permissible in law before the Trial Court while

pursuing his application under Section 207 of Cr.P.C.. Said

Application be considered on its own merits and in accordance

with law.




Talwalkar                      2
                                                      915.APL172.2026.doc



4.           Criminal Application No. 172 of 2026 is disposed of as

withdrawn.



                                   (ASHWIN D. BHOBE, J.)




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