Bombay High Court
PRAHLADCHAND G. OBEROI AND ORSversusTHE STATE OF MAHARASHTRA AND ANR
- Decided
- Disposal
- Disposed Off
- Bench
- ASHWIN D BHOBE
Holding
The application is dismissed as withdrawn.
Summary
The Applicants filed a criminal application seeking the court to call for investigation papers and to quash the charge sheet filed under Sections 395, 458 and 342 of the Indian Penal Code in FIR No. 198 of 2019. They alleged that the investigation papers were improperly seized and that the charge sheet should be set aside. The State did not oppose the Applicants' request to withdraw the application. The Applicants, through counsel, unconditionally withdrew the application, and the State consented to the withdrawal. The court granted leave to withdraw and dismissed the application as withdrawn.
Issues considered
- Whether the court should order the production of investigation papers and quash the charge sheet filed under Sections 395, 458 and 342 IPC.
Legislation cited
- Indian Penal Code, 1860 — s. 342, 395, 458
Subjects
- criminal procedure
- quash of charge sheet
- withdrawal of application
- investigation papers
- IPC sections 395, 458, 342
Judgment
31-APL-63-2020.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Digitally signed
by GAYATRI
GAYATRI RAJENDRA
RAJENDRA
SHIMPI
SHIMPI
Date:
2026.01.30
21:18:28 +0530
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 63 OF 2020
Prahladchand GOberoi & Ors. … Applicants
V/s.
The State of Maharashtra & Anr. … Respondents
-------
Mr. Aaryan Survase, i/b Mr. Prashant Aher, Advocate for
Applicants.
Mr. Sukanta Karmakar, APP for Respondent – State.
---
CORAM : ASHWIN D. BHOBE, J.
DATE : 28th JANUARY, 2026.
P.C. :
1. By the present Application, the Applicants have sought
for the following substantive reliefs in prayer clauses (a) and (b) :-
“(a) that this Hon'ble Court may be pleased to call
for the investigation papers concerning FIR No.198 of
2019, of Antop Hill Police Station, dated 15.06.2019,
Under Sections 395, 458, 342 of IPC, (Exhibit "B"
hereinabove) from the Antop Hill Police Station,
currently seized of the investigation and after
examining the legality, validity and/or propriety of
the same, may be pleased to quash and set aside
against the present Applicants;
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31-APL-63-2020.doc
(b) That this Hon'ble Court may be pleased to
quash and set aside the Charge sheet, arising out of
FIR No. 198 of 2019, of Antop Hill Police Station,
dated 15.06.2019, Under Sections 395, 458, 342 of
IPC;”
2. Mr. Aaryan Survase, learned Advocate for the
Applicants, on instructions from the Applicants, craves leave to
unconditionally withdraw this Application.
3. Mr. Sukanta Karmakar, learned APP for the State does
not object to the said request made by Mr. Aaryan Survase.
4. In view of the above, leave granted to withdraw this
Application.
5. Criminal Application No. 63 of 2020 is dismissed as
withdrawn.
(ASHWIN D. BHOBE, J.)
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