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Bombay High Court

SWAPNIL SUHAS RAUTversusTHE STATE OF MAHARASHTRA

Disposal
Allowed

Holding

Leave to withdraw the criminal application was granted by the Court.

Summary

The applicant, Swapnil Suhas Raut, sought leave from the High Court to withdraw his criminal application after filing a charge-sheet, requesting liberty to file a fresh application if advised. The learned counsel for the applicant made the request on his instructions. The Court considered whether such a withdrawal could be permitted. The Court granted the leave, allowing the application to be withdrawn with liberty to file a fresh one. Consequently, the present application was disposed of as withdrawn.

Issues considered

  • Whether the Court may grant leave to withdraw a criminal application after filing a charge-sheet

Subjects

  • withdrawal of application
  • criminal procedure
  • leave of court
  • charge-sheet

Judgment

                                                                                      23-APL-98-2026 (CR).doc




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

                                          CRIMINAL APPLICATION NO. 98 OF 2026

                      Swapnil Suhas Raut                                  ]      Applicant
                           Vs.
                      The State of Maharashtra                            ]      Respondent
                                                      .....
                      Mr. Jaydeep D. Mane a/w Mr. Mihir Mondkar, for the Applicant.

                      Mr. Avinash A. Naik, A.P.P. for Respondent – State.
         Digitally
                                                          …..
         signed by
         SHAILAJA
SHAILAJA SHRIKANT
                                                          CORAM: SANDESH D. PATIL, J.
SHRIKANT HALKUDE
HALKUDE Date:
         2026.07.03
         15:54:00
                                                          DATED: 2nd JULY, 2026.
         +0530
                      P. C. :

                      1.         Learned counsel for the applicant, 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


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