Bombay High Court
ABDUL WAJED TOUFEEQUE AHMED QUZI AND ORSversusTHE STATE OF MAHARASHTRA AND ANR
- Disposal
- Disposed off as Withdrawn
- Bench
- SANDESH D PATIL
Holding
The court held that the petition may be withdrawn and the applicants may file a fresh petition.
Summary
The applicants filed a criminal application seeking permission to withdraw their pending petition after a charge-sheet had been filed. They requested liberty to file a fresh petition that would annex the charge-sheet and include the necessary averments. The court considered whether such withdrawal and re‑filing were permissible under criminal procedure law. No substantive arguments on merits were presented, as the matter pertained solely to procedural permission. The bench, after hearing counsel, granted the applicants' request to withdraw the present petition and allowed them to file a fresh one. Consequently, the original petition was disposed of.
Issues considered
- Whether the court may permit the withdrawal of a criminal petition and allow the filing of a fresh petition annexing the charge‑sheet
Subjects
- withdrawal of petition
- criminal procedure
- fresh petition
- charge-sheet
Judgment
8-APL-354-2025 (CR).doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 354 OF 2025
Abdul Wajed Toufeeque Ahmed Quzi & Ors ..… Applicants.
VS.
State of Maharashtra & Anr ..… Respondents
...
Adv. Manisha Devkar, Advocate for Applicants.
Ms. Madhavi H. Mhatre, APP for Respondent-State.
...
CORAM: SANDESH D. PATIL, J.
DATED: 31st JULY 2026.
P. C. :
1. The learned Counsel appearing for the Applicants, submits that
the charge-sheet has been filed in the matter. He further seeks
permission to withdraw the present Petition, with liberty to file a fresh
Petition annexing the charge-sheet and making the necessary
corresponding averments.
2. Permission is granted to withdraw the Petition, with liberty to file
a fresh Petition.
3. The Petition is disposed of accordingly.
Digitally
signed by
TALLE
TALLE SHUBHAM
SHUBHAM ASHOKRAO
ASHOKRAO Date:
2026.08.01
10:22:02
+0530
(SANDESH D. PATIL, J.)
Shubham 1
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