Bombay High Court

MOHANRAO WAMANRAO SIRSAT AND ANRversusTHE STATE OF MAHARASHTRA AND ANR

Disposal: DISPOSED OFF
Bench: RAJNISH R VYAS

Holding

The court permitted the withdrawal of the application and disposed of it with liberty as prayed.

Summary

The applicants, Mohanrao Wamanrao Sirsat and another, filed a criminal application seeking to raise all points before the trial court after the charge had already been framed. They requested permission to withdraw the application. The primary issue was whether the court could allow withdrawal of the application at this stage of the proceedings. The bench, after hearing counsel, found no impediment to granting the request. Accordingly, the court permitted the withdrawal and disposed of the criminal application with liberty as prayed for.

Issues considered

Whether the applicant may be permitted to withdraw the criminal application after the charge has been framed in order to raise all points before the trial court

Subjects

Criminal Procedure Code
withdrawal of application
charge framing
trial court
procedural liberty

Judgment

2026:BHC-AUG:14096-DB


                                                    1                          911.odt


                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               BENCH AT AURANGABAD

                          CRIMINAL APPLICATION NO. 2500 OF 2020
                          MOHANRAO WAMANRAO SIRSAT AND ANR
                                              VERSUS
                           THE STATE OF MAHARASHTRA AND ANR
                                                 ...
                           Advocate for Applicant : Mr. Karad Murlidhar S.
                            APP for Respondent No. 1 : Mr. V.S. Badakh
                        Advocate for Respondent No. 2 : Mr. Wakade Ramesh I.
                                                 ...
                                                  CORAM : RAJNISH R. VYAS, J.
                                                  DATE : 02TH APRIL, 2026

              PER COURT :

              1.           Learned counsel for the applicants submits that since the

              charge is already framed, he may be permitted to withdraw the

              application to raise all the points before the trial Court.


              2.           Permission is granted. Criminal Application is disposed of

              with liberty as prayed for.



                                                               ( RAJNISH R. VYAS, J. )




              SPC

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