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Bombay High Court

PRAVIN BABURAO PATILversusSTATE OF MAHARASHTRA AND ANR

Decided
Disposal
Disposed Off

Holding

The Court allowed the withdrawal of the criminal application and ordered its disposal as withdrawn.

Summary

Pravin Baburao Patil filed a criminal application seeking to quash FIR No.0119/2025 registered under Sections 316(2) and 318(4) of the Bombay Police Act. The applicant, through counsel, requested permission to withdraw the application and to later file a separate application for discharge before the trial court. The State's counsel did not oppose the withdrawal. The Court, after hearing, granted leave to withdraw the present application with liberty to file a discharge application at the appropriate stage, and disposed of the application as withdrawn.

Issues considered

  • Whether the applicant may withdraw a criminal application seeking quash of an FIR
  • Whether the Court can grant liberty to file a separate discharge application later

Legislation cited

Subjects

  • withdrawal of criminal application
  • quash of FIR
  • procedural law
  • criminal procedure
  • Bombay Police Act

Judgment

                                                                                                 2-APL-377-2026.doc




GAYATRI
           Digitally signed
           by GAYATRI
         RAJENDRA
                                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
RAJENDRA SHIMPI
SHIMPI   Date:
         2026.03.07
           11:37:38 +0530
                                                 CRIMINAL APPELLATE JURISDICTION

                                               CRIMINAL APPLICATION NO. 377 OF 2026

                              Pravin Baburao Patil                                      … Applicant
                                       V/s.
                              The State of Maharashtra & Anr.                           … Respondents
                                                                        ---

                              Mr. Premkumar Pandey a/w Mr. P. Pandey, Mr. Devendra A., Ms.
                              Kajal Mishara, Advocates for Applicant.
                              Mr. Sukanta Karmakar, APP for Respondent – State.
                                                             ---

                                                                  CORAM : ASHWIN D. BHOBE, J.
                                                                    DATE      : 4th MARCH, 2026


                              P.C. :


                              1.               By the present Application, the Applicant has sought

                              for the following substantive relief in prayer clause 28(a):-

                                                “a) That this Hon’ble Court may be pleased to quash the
                                                above-mentioned Cr. No.0119/2025 registered with
                                                Kamothe Police Station, Dist. Navi Mumbai for the
                                                offence punishable under Section 316(2) & 318(4) of
                                                BNS.”



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

                              Premkumar Pandey, learned Advocate for the Applicant, on



                              Gayatri shimpi                        1
                                                          2-APL-377-2026.doc



instructions from the Applicant, craves leave to withdraw the

present Application with liberty to file an Application seeking

discharge before the Trial Court at the appropriate stage. Request

is not objected to by Mr. Sukanta Karmakar, learned APP for the

State.



3.               In view of the statement made by Mr. Premkumar

Pandey, leave granted to withdraw the present Application with

liberty to file an Application seeking discharge at the appropriate

stage before the Trial Court. If such Application is filed, the same

be considered on its own merits and in accordance with law.



4.               Criminal Application No. 377 of 2026 is disposed of as

withdrawn.



                                            (ASHWIN D. BHOBE, J.)




Gayatri shimpi                     2


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