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Bombay High Court

KAKASO GOPAL TATE AND ORSversusSTATE OF MAHARASHTRA AND ORS

Disposal
Allowed

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 Consequently, the application was ordered to be withdrawn and disposed of.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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