Bombay High Court

BHANUDAS NAMDEV PAWAR AND ORS.versusPOOJA BHANUDAS PAWAR

Disposal: Allowed To be withdrawn

Holding

The application is disposed of as withdrawn, with liberty granted to file appropriate applications before the trial court.

Summary

The applicants filed a criminal miscellaneous application seeking permission for Applicant No.1 to appear through a video conference and exemption for Applicants Nos.2‑5. The court, initially reluctant to interfere, allowed the applicants' counsel time to take instructions. Upon instruction, the counsel requested to withdraw the application with liberty to file appropriate applications before the trial court. The court accepted this request, disposing of the application as withdrawn while granting liberty to file fresh applications for appearance through video conference and personal exemptions, which will be considered on their merits.

Issues considered

Whether the criminal miscellaneous application can be withdrawn with liberty to file fresh applications before the trial court.

Subjects

withdrawal of application
procedural law
criminal miscellaneous application
video conference appearance
exemption application

Judgment

                                                                      8-APPLN-27-26.odt



         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 CIRCUIT BENCH AT KOLHAPUR
              CRIMINAL APPELLATE JURISDICTION

     CRIMINAL MISCELLANEOUS APPLICATION NO. 27 OF 2026

Bhanudas Namdev Pawar and Others                        ..APPLICANTS
      VERSUS
Pooja Bhanudas Pawar                                    ..RESPONDENT

                                        ....
Mr. G.S. Koli, Advocate for applicants
Ms. P.V. Thorat, Advocate for respondent
                                       ....

                                            CORAM : ABHAY J. MANTRI, J.
                                            DATE : 03rd SEPTEMBER, 2026

PER COURT :

1.         After hearing the application for some time, when this Court showed

its disinclination to interfere with the application, at that time learned counsel

for the Applicants sought time to take instructions.


2.         After passing over the matter, learned counsel for the Applicants, on

instructions, seeks leave to withdraw the application with liberty to permit him

to file an appropriate application before the learned Trial Court for permitting

Applicant No.1 to appear through V. C. and also for filing an exemption

application regarding Applicant Nos. 2 to 5. His statement is accepted.


3.         In view of the statement, the Criminal Application stands disposed of

as withdrawn with liberty as prayed for.

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                                                                   8-APPLN-27-26.odt



4.          Needless to clarify, if Applicant No. 1 moves an application before

the learned Trial Court, for permitting him to appear through V. C., the same

shall be considered positively.


5.          Furthermore, if the applicants Nos. 2 to 5 move an application for

their personal exemption before the learned Trial Court, then the same will be

considered on its own merits.



       SUSHANT
       SHARAYU                              ( ABHAY J. MANTRI, J. )
SSD    DESHPANDE
       Digitally signed by
       SUSHANT SHARAYU
       DESHPANDE
       Date: 2026.09.03
       18:19:06 +0530




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