Bombay High Court

SIMRAN DEVIDAS BORSEversusDEVIDAS VASANT BORSE AND OTHERS

Disposal: Withdrawn
Bench: Y G KHOBRAGADE

Holding

The court allowed the withdrawal of the criminal application upon the applicant's written instruction sent through WhatsApp.

Summary

The applicant, Simran Devidas Borse, filed a criminal application (No. 2635 of 2025) before the Bombay High Court, Aurangabad Bench. The applicant's counsel sought leave to withdraw the petition, citing a written instruction received from the applicant via WhatsApp. The court recorded the WhatsApp message as evidence and identified it as ‘X’. Accepting the WhatsApp communication as a valid instruction, the court permitted the withdrawal. Consequently, the criminal application was disposed of as withdrawn.

Issues considered

The court's authority to permit withdrawal of a criminal application based on a WhatsApp communication.

Subjects

withdrawal of criminal petition
procedural law
WhatsApp communication
criminal application

Judgment

2026:BHC-AUG:9344
                                                                      01appln2635-25

                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                         1 CRIMINAL APPLICATION NO. 2635 OF 2025

                                    Simran Devidas Borse
                                          VERSUS
                              Devidas Vasant Borse And Others
                                              ...
            Mr. Wagh Shrinivas S, Advocate for Applicant
            Mr. Jadhav Yogesh Arun, Advocate for Respondent No.1

                                 CORAM      : Y. G. KHOBRAGADE, J.
                                Dated       : 4th March, 2026

            PER COURT :-
            1.       Learned counsel for the applicant seeks leave to withdraw the

            present petition in view of written instructions received by him from

            the applicant through WhatsApp. A printout of the said WhatsApp

            message is taken on record and marked as ‘X’ for identification


            2.       In view of the above, criminal application is disposed of as

            withdrawn.




                                                         ( Y. G. KHOBRAGADE, J. )
 JPChavan




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