Bombay High Court

SANDIP RAJABHAU WHATKAR AND OTHERSversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal: Withdrawn
Bench: S G CHAPALGAONKAR

Holding

The Court allowed the withdrawal of the criminal application, granting liberty to file a discharge application before the trial court.

Summary

The applicants, Sandip Rajabhau Whatkar and others, filed a criminal application before the Bombay High Court, Aurangabad Bench. They sought the Court's permission to withdraw the application while retaining the right to file a separate application for discharge before the trial court. The learned Advocate for the applicants argued for this withdrawal. The Court considered whether such a withdrawal could be permitted without prejudice to the applicants' right to seek discharge later. The Judge granted the request, ordering the application to be disposed of as withdrawn, with liberty to file a discharge application before the trial court.

Issues considered

Whether the Court may permit the withdrawal of a criminal application while allowing the applicants to file a separate application for discharge before the trial court

Subjects

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

Judgment

2026:BHC-AUG:19630
                                           (1)                      968-appln-1690-2026.odt



                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                             CRIMINAL APPLICATION NO. 1690 OF 2026

                       SANDIP RAJABHAU WHATKAR AND OTHERS
                                           VERSUS
                      THE STATE OF MAHARASHTRA AND ANOTHER
                                                ...
               Mr. Abhijit S. More, Advocate for Applicants.
               Mr. V. K. Kotecha, APP for Respondents-State.
                                                ...
                                        CORAM : S. G. CHAPALGAONKAR, J.
                                        DATED : 30th APRIL, 2026.
               P.C.:-

               1.       The learned Advocate appearing for applicants 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               of as withdrawn with liberty as prayed.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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