Bombay High Court
PRAVIN BABURAO PATILversusSTATE OF MAHARASHTRA AND ANR
- Decided
- Disposal
- Disposed Off
- Bench
- ASHWIN D BHOBE
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The Court allowed the withdrawal of the criminal application and ordered its disposal as withdrawn.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application with liberty to file a discharge application at the appropriate stage, and disposed of the application as withdrawn.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
- Bombay Police Act — s. 316(2), 318(4)
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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