Bombay High Court

NANASAHEB BHANUDAS BHOSALEversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal: Withdrawn
Bench: S G CHAPALGAONKAR

Holding

The High Court may allow the withdrawal of a criminal application and grant liberty to file a discharge application before the trial court.

Summary

The petitioner, Nanasaheb Bhanudas Bhosale, filed a criminal application before the Bombay High Court, Aurangabad Bench. Subsequently, the petitioner, through counsel, sought permission to withdraw the application and requested liberty to file a separate application for discharge before the trial court. The Court considered whether it could permit such withdrawal. It held that the application could be withdrawn and granted the requested liberty. Consequently, the criminal application was disposed of as withdrawn with liberty to file a discharge application.

Issues considered

Whether the High Court can permit the withdrawal of a criminal application and grant liberty to file a discharge application before the trial court

Subjects

withdrawal of criminal application
discharge application
procedural law
criminal procedure

Judgment

2026:BHC-AUG:19629
                                           (1)                      954-appln-1672-2026.odt



                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                             CRIMINAL APPLICATION NO. 1672 OF 2026

                            NANASAHEB BHANUDAS BHOSALE
                                           VERSUS
                      THE STATE OF MAHARASHTRA AND ANOTHER
                                              ...
               Mr. Mohanish V. Thorat, Advocate for Applicant.
               Ms. R. R. Tandale, 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               of as withdrawn with liberty as prayed.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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