Bombay High Court
USHA MURALIDHAR UPASNI AND OTHERSversusTHE STATE OF MAHARASHTRA AND ANR
- Disposal
- Withdrawn
- Bench
- RAJNISH R VYAS
Holding
The court may grant permission to withdraw a criminal application and dispose of it as withdrawn.
Summary
The applicants, Usha Muralidhar Upasani and others, filed a criminal application before the Bombay High Court, Aurangabad Bench. They later sought the court's permission to withdraw the application. The sole issue before the court was whether it could grant permission for withdrawal of a pending criminal application. The court, exercising its inherent jurisdiction, found no impediment to allowing the withdrawal and noted that no prejudice would result. Accordingly, the court granted permission and ordered the criminal application to be disposed of as withdrawn.
Issues considered
- Whether the court may permit the withdrawal of a pending criminal application
Subjects
- withdrawal of criminal application
- court discretion
- procedural law
Judgment
2026:BHC-AUG:15537-DB
902-APPLN-2031-19.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 2031 OF 2019
Usha Muralidhar Upasani and Others ..APPLICANTS
VERSUS
State of Maharashtra and Another ..RESPONDENTS
....
Mr. K.P. Chaware, Advocate for applicants
Mr. S.N. Morampalle, A.P.P. for respondent no.1 – State
Mr. A.D. Ostwal a/w Mr. M.L. Deoda, Advocates for respondent no.2
....
CORAM : RAJNISH R. VYAS, J.
DATE : 10th APRIL, 2026
PER COURT :
. Learned counsel for the applicants, on instructions, seeks
permission to withdraw the application.
2. Permission is granted. Criminal application is disposed of as
withdrawn.
( RAJNISH R. VYAS, J. )
SSD
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