Bombay High Court

SHRIRAM DHANAJI KORADEversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal: DISPOSED OFF
Bench: S G CHAPALGAONKAR

Holding

The Court held that the application may be withdrawn with liberty to file a discharge application before the trial court.

Summary

The applicant, Shriram Dhanaji Korade, filed a criminal application before the Bombay High Court, Aurangabad Bench. The applicant’s counsel sought the Court’s permission to withdraw the application while retaining the liberty to file a separate application for discharge before the trial court. The issue before the Court was whether such a withdrawal could be permitted under criminal procedural law. The Judge, after hearing the counsel, granted the request, noting no legal impediment to allowing the withdrawal with the specified liberty. Consequently, the criminal application was disposed of as withdrawn, and the applicant was free to pursue a discharge application before the trial court.

Issues considered

Whether the applicant may be permitted to withdraw the criminal application with liberty to file a discharge application before the trial court.

Subjects

Criminal Procedure Code
withdrawal of application
discharge application
trial court
high court

Judgment

2026:BHC-AUG:19626
                                           (1)                      930-appln-1504-2026.odt



                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                             CRIMINAL APPLICATION NO. 1504 OF 2026

                                 SHRIRAM DHANAJI KORADE
                                            VERSUS
                      THE STATE OF MAHARASHTRA AND ANOTHER
                                               ...
               Mr. Abhijit More h/f Mr. Madhav K. Jadhav, Advocate for
               Applicant.
               Mr. S. K. Shirse, APP for Respondents-State.
                                               ...
                                         CORAM : S. G. CHAPALGAONKAR, J.
                                         DATED : 30th APRIL, 2026.
               P.C.:-

               1.       The learned Advocate appearing for applicant after arguing
               for some time, on instructions, seeks permission to withdraw
               application with liberty to file application for discharge before Trial
               Court.


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


                                                      (S. G. CHAPALGAONKAR)
                                                               JUDGE
               Devendra/April-2026

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