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Bombay High Court

DATTARAM PANDURANG MASURKARversusTHE STATE OF MAHARASHTRA AND ANR

Decided
Disposal
Disposed Off

Holding

The court allowed the withdrawal of the application and disposed of it as withdrawn.

Summary

The applicant, Dattaram Pandurang Masurkar, filed a criminal application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking to quash FIR No. 339 of 2025 and the order of cognizance dated 06.10.2025. After hearing, the applicant’s counsel requested a pass over and later sought to withdraw the application, proposing to file a discharge application before the trial court instead. The State’s counsel did not object to the withdrawal. The High Court granted leave to withdraw the present application, directing that any future application before the trial court be considered on its merits. Consequently, Criminal Application No. 35 of 2026 was disposed of as withdrawn.

Issues considered

  • Whether an application under Section 528 of the BNSS for quashing an FIR and order of cognizance is maintainable
  • Whether the court may permit the withdrawal of such an application and allow the applicant to seek discharge before the trial court

Legislation cited

Subjects

  • quash FIR
  • Section 528
  • criminal application
  • withdrawal
  • High Court

Judgment

                                                                                               9-APL-35-2026.doc

           Digitally signed
           by GAYATRI
GAYATRI  RAJENDRA
RAJENDRA SHIMPI                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SHIMPI   Date:
         2026.01.21
           19:55:19 +0530

                                                 CRIMINAL APPELLATE JURISDICTION
                                               CRIMINAL APPLICATION NO. 35 OF 2026

                              Dattaram Pandurang Masurkar                              … Applicant
                                    V/s.
                              The State of Maharashtra & Anr.                          … Respondents
                                                                       ---

                              Mr. Ram Ugrah Singh a/w Ms. Kajal Soni, Mr. Annkur Jain & Mr. V.
                              K. Sharma, Advocates for Applicant.
                              Mr. Tanveer Khan, APP for Respondent – State.
                              Mr. Mahendra Bagwe – PSI, Mahim Police Station.
                                                          ---
                                                   CORAM : ASHWIN D. BHOBE, J.
                                                              DATE :         17th JANUARY, 2026.


                              P.C. :

                              1.               By the present Petition filed under Section 528 of the

                              Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), the

                              Applicant has sought the following substantive relief :-

                                                “b. That this Hon'ble Court may kindly be pleased to
                                                quash and set aside the FIR No. 339 of 2025
                                                registered with the Mahim Police Station and other
                                                consequential proceedings arising out of the said FIR
                                                on such terms and conditions as this Hon'ble Court
                                                may deem fit and proper;
                                                c. This Hon'ble Court may kindly be pleased to
                                                quash and set aside the Order of cognizance dated
                                                06.10.2025 in C.C. No. 2378/PW/2025 passed by the
                                                Hon'ble Addl Chief Judicial Magistrate 9th Court,
                                                Bandra, Mumbai;”


                              Gayatri shimpi                       1
                                                          9-APL-35-2026.doc



2.               After having heard the matter for some time, Mr. Ram

Ugrah Singh, learned Advocate for the Applicant, sought a pass

over. At his request, the matter was taken up after some time. He

on instructions from the Applicant, craves leave to withdraw the

present Application with liberty to file Application seeking

discharge before the Trial Court at the appropriate stage. Request

made by Mr. Ram Ugrah Singh is not objected to by Mr. Tanveer

Khan, learned APP for the State.



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

present Application with liberty to file Application seeking

discharge before the Trial Court at the appropriate stage. If any

Application is filed before the learned Trial Court, the same be

considered on its own merits and in accordance with law.



4.               Criminal Application No. 35 of 2026 is disposed of as

withdrawn.



                                             (ASHWIN D. BHOBE, J.)




Gayatri shimpi                    2


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