Bombay High Court

SARITA VINAYAK KADU AND OTHERSversusVINAYAK SADASHIVRAO KADU AND OTHERS

Disposal: Withdrawn
Bench: Y G KHOBRAGADE

Holding

A pending criminal application may be withdrawn upon the applicant’s written request and the court’s leave.

Summary

The petitioners, Sarita Vinayak Kadu and others, filed Criminal Application No. 1105 of 2025 before the Bombay High Court, Aurangabad Bench. Their counsel submitted a written instruction dated 31 March 2015 requesting the withdrawal of the application. The court was asked to grant leave for the withdrawal. Considering the procedural rule that permits withdrawal of a pending application upon the applicant’s request and the court’s discretion, the judge granted the leave. Consequently, the criminal application was disposed of as withdrawn.

Issues considered

Whether the court may permit withdrawal of a pending criminal application upon the applicant’s written request

Subjects

withdrawal of application
criminal procedure
court discretion
high court

Judgment

                                                                    903appln1105-25

                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               BENCH AT AURANGABAD

                      903 CRIMINAL APPLICATION NO. 1105 OF 2025

                             Sarita Vinayak Kadu And Others
                                         VERSUS
                          Vinayak Sadashivrao Kadu And Others
                                            ...
           Mr. Gandhi Amol Subhash, Advocate for Applicants

                                 CORAM     : Y. G. KHOBRAGADE, J.
                                Dated      : 8th April, 2026

           PER COURT :-
           1.       The learned counsel for the applicant submits that he has

           received written instructions from the applicant to withdraw the

           present application and accordingly seeks leave to withdraw the

           application. The said written communication dated 31.03.2015 is taken

           on record and marked as ‘X’ for identification.


           2.       Accordingly, leave is granted. The criminal application stands

           disposed of as withdrawn.




                                                         ( Y. G. KHOBRAGADE, J. )
JPChavan




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