Bombay High Court
DATTARAM PANDURANG MASURKARversusTHE STATE OF MAHARASHTRA AND ANR
- Decided
- Disposal
- Disposed Off
- Bench
- ASHWIN D BHOBE
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The court allowed the withdrawal of the application and disposed of it as withdrawn.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 Consequently, Criminal Application No. 35 of 2026 was disposed of as withdrawn.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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