Bombay High Court
KAKASO GOPAL TATE AND ORSversusSTATE OF MAHARASHTRA AND ORS
- Disposal
- Allowed
- Bench
- SANDESH D PATIL
Holding
Leave to withdraw the criminal application was granted with liberty to file a fresh application.
Summary
The applicants, Kakaso Gopal Tate and others, filed a criminal application before the Bombay High Court. After the charge-sheet was filed, they sought leave to withdraw the application, requesting liberty to file a fresh one. The learned counsel for the applicants, Mr. Vishal Vilas Chavan on behalf of Mr. Kunal Rathod, made the prayer. The court examined whether procedural rules permit withdrawal of an application after a charge-sheet is filed. Finding no legal impediment, the court granted the leave to withdraw with liberty to file a fresh application. Consequently, the application was ordered to be withdrawn and disposed of.
Issues considered
- Whether leave can be granted to withdraw a criminal application after the charge-sheet has been filed
Subjects
- withdrawal of application
- criminal procedure
- leave to withdraw
- charge-sheet
Judgment
13-APL-858-2025 (CR).doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 858 OF 2025
Kakaso Gopal Tate and others ] Applicants
Vs.
State of Maharashtra and others ] Respondents
.....
Mr. Vishal Vilas Chavan i/b Mr. Kunal Rathod, for the Applicants.
Ms. Priyanka Rane, A.P.P, for Respondent No.1 – State.
.....
CORAM: SANDESH D. PATIL, J.
Digitally
signed by
SHAILAJA
DATED: 2nd JULY 2026.
SHAILAJA SHRIKANT
SHRIKANT HALKUDE
HALKUDE Date:
P. C. :
2026.07.03
09:57:35
+0530
1. Learned counsel appearing for the applicants, on instructions,
seeks leave to withdraw the present application as the charge-sheet has
been filed with liberty to file a fresh application.
2. Leave as prayed for is granted. The application is allowed to be
withdrawn with liberty as prayed for.
3. The application is DISPOSED OF as withdrawn.
[SANDESH D. PATIL, J.]
Shailaja
1
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