Bombay High Court

SANTOSH BADRANARAYANJI BHANDARIversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: Withdrawn
Bench: S G CHAPALGAONKAR

Holding

The High Court allowed the withdrawal of the criminal application and granted liberty to file a discharge application before the trial court.

Summary

Santosh Badranarayanji Bhandari filed a criminal application before the Bombay High Court, Aurangabad Bench, seeking relief against the State of Maharashtra. The applicant, through counsel, later sought the court's permission to withdraw the application and requested liberty to file a fresh application for discharge before the trial court. The court considered whether it could grant such a withdrawal request. Relying on procedural principles that allow parties to withdraw applications with the court's leave, the judge permitted the withdrawal. Consequently, the criminal application was disposed of as withdrawn, with liberty granted to the applicant to pursue a discharge application before the trial court.

Issues considered

Whether the High Court may grant permission to withdraw a criminal application and allow the applicant to file a fresh application for discharge before the trial court

Subjects

criminal procedure
withdrawal of application
discharge
high court
procedural law

Judgment

2026:BHC-AUG:19627
                                           (1)                      938-appln-1606-2026.odt



                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                             CRIMINAL APPLICATION NO. 1606 OF 2026

                          SANTOSH BADRANARAYANJI BHANDARI
                                            VERSUS
                        THE STATE OF MAHARASHTRA AND OTHERS
                                               ...
               Mr. Abhay Rajaram Rathod, Advocate for Applicant.
               Mr. S. P. Joshi, 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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