Bombay High Court

BHAGWAN KONDIBA KAKDEversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: Withdrawn

Holding

The court held that the application may be withdrawn and disposed of as withdrawn.

Summary

The applicant, Bhagwan Kondiba Kakde, filed a criminal application (No. 2458 of 2026) seeking to initiate appropriate proceedings against an Investigating Officer. The applicant, through counsel Mr. R.B. Dhakane (on behalf of Mr. Andhale M.R.), later instructed the court to withdraw the application. The respondent State of Maharashtra, represented by Mr. G.A. Kulkarni, did not oppose the withdrawal. The bench comprising Judges Sandipkumar C. More and Vaishali Patil-Jadhav considered whether the withdrawal was permissible under law. The court found no impediment to the withdrawal and ordered the application to stand disposed of as withdrawn, granting the liberty prayed for. Consequently, the proceedings were terminated without further adjudication on the merits.

Issues considered

Whether the applicant may withdraw the criminal application seeking proceedings against the Investigating Officer

Subjects

withdrawal of criminal application
investigating officer
high court
criminal procedure

Judgment

2026:BHC-AUG:42533-DB

                                                                        2458.2026APPLN

                                                   1

                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                          73 CRIMINAL APPLICATION NO. 2458 OF 2026
                                       IN WP/42/2025

                                BHAGWAN KONDIBA KAKDE
                                           VERSUS
                        THE STATE OF MAHARASHTRA AND OTHERS
                                              ...
                 Advocate for Applicant:Mr.R.B. Dhakane h/f Mr.Andhale M.R.
                 APP for Respondent/State : Mr. G.A. Kulkarni
                                              ...
                                     CORAM : SANDIPKUMAR C. MORE &
                                                  VAISHALI PATIL-JADHAV,JJ.

                                        DATE    :      15.09.2026

                 P.C. :


                 1.           Learned    counsel       for   the    applicant,    on
                 instructions, seeks withdrawal of this application for taking
                 out the appropriate proceedings against the Investigating
                 Officer as permissible under law.
                 2.           Accordingly, the application stands disposed of as
                 withdrawn with liberty as prayed for.




                 [VAISHALI PATIL-JADHAV]                [SANDIPKUMAR C.MORE]
                         JUDGE                               JUDGE


                 sga

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