Bombay High Court

DR. OMPRAKASH LALBAJI KINGAONKARversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal: Withdrawn

Holding

The application is dismissed as withdrawn, and the trial court is directed to conclude the trial within one year.

Summary

The applicant, Dr. Omprakash Lalbaji Kingaonkar, filed a criminal application after the charge had already been framed, seeking to withdraw the application and requesting the trial court to expedite the trial. The respondent State counsel noted that 7-8 witnesses remained and a reasonable period of one year would be needed to complete the trial. The High Court observed that the applicant had effectively withdrawn the application and therefore dismissed it. The court directed the trial court to conduct the trial expeditiously and to conclude it within one year from the date of the order. No substantive merits of the criminal charge were addressed, as the matter pertained solely to procedural directions.

Issues considered

Whether an application filed after charge framing can be withdrawn by the applicant.
Whether the High Court can direct the trial court to expedite the trial and set a time limit for its conclusion.

Subjects

Criminal Procedure Code
withdrawal of application
expedited trial
charge framing
procedural direction

Judgment

                                  -1-
                                                   criappln1037.23.odt

        IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                    BENCH AT AURANGABAD

            937 CRIMINAL APPLICATION NO. 1037 OF 2023

Dr. Omprakash Lalbaji Kingaonkar                  ….Applicant

VERSUS

The State of Maharashtra & another                …..Respondents
…..

Mr. Niranjan Pande, Advocate holding for Mr. D. R. Deshmukh,
Advocate for Applicant
Mr. S. B. Jadhav, APP for the State.

                               CORAM : R. M. JOSHI, J.
                               DATE : 10th SEPTEMBER, 2026.
PER COURT :


1.        Learned Counsel for Applicant, on instructions, makes a

statement that the charge has already been framed herein in this

case and as such, he seeks leave to withdraw the application. He,

however, seeks direction to Trial Court to expedite the trial.



2.     Learned APP, on instructions from his counter part before the

Trial Court, makes a statement that charge has been framed and in

all 7 to 8 witnesses are to be examined in this case. According to

him, reasonable period of one year would be required for conclusion

of the trial.
                                -2-
                                                criappln1037.23.odt

3.    In view of the above, application stands dismissed as

withdrawn.



4.    Learned Trial Court is requested to expedite the trial and in

any case, conclude the same within a period of one year from today.



                                               ( R. M. JOSHI, J.)

dyb

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