Bombay High Court

Vaibhav Mohan ChoudhariversusState of Maharashtra

Disposal: Allowed
Bench: SANDESH D PATIL

Holding

The Court held that it may grant leave to withdraw the criminal application, and did so, disposing the application as withdrawn.

Summary

The applicants, Vaibhav Mohan Choudhari and others, filed a criminal application before the Bombay High Court, Kolhapur Circuit Bench. After the filing of a charge-sheet by the State of Maharashtra, the applicants sought the Court's permission to withdraw their pending application, requesting liberty to file a fresh application if advised. The learned counsel for the applicants, Mr. Priyal Sarda together with Mr. Onkar Bajaj, made the withdrawal request. The Court examined whether procedural rules permit a party to withdraw a criminal application after a charge-sheet is filed. Justice Sandesh D. Patil granted leave to withdraw the application, allowing the applicants the liberty to file a fresh application if necessary. Consequently, the application was ordered to stand disposed of as withdrawn.

Issues considered

Whether the Court may grant leave to withdraw a criminal application after a charge-sheet has been filed

Subjects

Criminal Procedure Code
withdrawal of application
charge-sheet
leave of court
high court procedure

Judgment

                                                                                     14-APL-911-2025 (CR).doc




                                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                            CIRCUIT BENCH AT KOLHAPUR
                                          CRIMINAL APPELLATE JURISDICTION

                                          CRIMINAL APPLICATION NO.911 OF 2025

                      Vaibhav Mohan Choudhari and others ]           Applicants
                            Vs.
                      State of Maharashtra and another         ]     Respondents
                                                       .....
                      Mr. Priyal Sarda a/w Mr. Onkar Bajaj, for the Applicants.

                      Mr. Anand Shalgaonkar, A.P.P, for Respondent No.1 – State.
                                                         …..

                                                                 CORAM: SANDESH D. PATIL, J.
         Digitally
         signed by
                                                                 DATED: 2nd JULY 2026.
         SHAILAJA
SHAILAJA SHRIKANT
SHRIKANT HALKUDE      P. C. :
HALKUDE Date:
         2026.07.03
         09:57:36
         +0530        1.         Learned counsel for the applicants, on instructions, seeks leave to
                      withdraw the present application in view of filing of the charge-sheet,
                      with liberty to file a fresh application, if so advised.


                      2.         Leave, as prayed for, is granted. The application is permitted to be
                      withdrawn with liberty as prayed for.


                      3.         Accordingly, the present application stands DISPOSED OF as
                      withdrawn, with the aforesaid liberty.


                                                                           [SANDESH D. PATIL, J.]




                      Shailaja
                                                             1

Continue reading with your account

Checking your session…