Bombay High Court
SUDHIR @ RAHUL DATTATRAY HANDOREversusTHE STATE OF MAHARASHTRA AND ANR
- Decided
- Disposal
- Disposed Off
- Bench
- ASHWIN D BHOBE
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The Court granted leave to withdraw the application, disposing of it as withdrawn.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to pursue his Section 207 application in the trial court, and ordered the High Court application to be disposed of as withdrawn.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
- Code of Criminal Procedure, 1973 — s. 207
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.
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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.)
Talwalkar 3
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