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Bombay High Court

MAHADEV PRATAP KHEDKARversusTHE STATE OF MAHARASHRA AND ANOTHER

Disposal
Withdrawn

Holding

The Court disposed of the criminal application as withdrawn, granting the applicant liberty to move afresh if a charge‑sheet is filed.

Summary

Mahadev Pratap Khedkar filed a criminal application before the Bombay High Court, Aurangabad Bench, seeking permission to withdraw the application while retaining the right to file a fresh one after a charge-sheet is filed, if necessary. The learned counsel for the applicant made this request. The Court considered the request and allowed the withdrawal of the application, granting the applicant liberty to move afresh later. No substantive merits of the underlying criminal matter were addressed. The application was therefore disposed of as withdrawn.

Issues considered

  • Whether the applicant may withdraw the criminal application with liberty to re‑file after a charge‑sheet is filed

Subjects

  • withdrawal of application
  • criminal procedure
  • procedural liberty
  • high court

Judgment

2026:BHC-AUG:14049
                                          (1)                      949-APPLN-1150-2026.odt



                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                            CRIMINAL APPLICATION NO. 1150 OF 2026

                                   Mahadev Pratap Khedkar
                                            VERSUS
                             The State Of Maharashra And Another
                                                ...
               Mr. S. R. Kedar, Advocate for Applicant
               Mr. S. D. Ghayal, APP for Respondents

                                          CORAM : S. G. CHAPALGAONKAR, J.
                                          DATED : 02nd APRIL, 2026
               P.C.:-

               1.       The learned Counsel appearing for Applicant after arguing
               for some time, on instructions, seeks permission to withdraw
               Application with liberty to move afresh after filing of charge-sheet,
               if occasion arises.

               2.       In that view of matter, Criminal Application stands disposed
               of as withdrawn with liberty as prayed.



                                                      (S. G. CHAPALGAONKAR)
                                                               JUDGE
               usm


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