Bombay High Court

ANIL BABAN BARATE AND OTHERSversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal: DISPOSED OFF
Bench: S G CHAPALGAONKAR

Holding

The court held that leave to amend may be granted in accordance with the Supreme Court’s precedent in Pradnya Pranjal Kulkarni v. State of Maharashtra.

Summary

The applicants, Anil Baban Barate and others, filed a criminal application and later sought leave to amend it after the charge sheet was filed and cognizance was taken. The learned advocate for the applicants requested the court’s permission to make the amendment. The bench, relying on the Supreme Court’s decision in Pradnya Pranjal Kulkarni v. State of Maharashtra (SLP (Crl.) No.13424/2025, 3 September 2025), granted the leave to amend. The court directed that the amendment must be filed within two weeks from the date of the order. It warned that failure to comply would result in the application being dismissed without further reference. The order was pronounced by Justice S. G. Chapalgaonkar on 12 February 2026.

Issues considered

Whether leave to amend a criminal application may be granted after the filing of a charge sheet and taking cognizance

Subjects

amendment of criminal application
criminal procedure
leave to amend
cognizance
Supreme Court precedent

Judgment

                                                        M8-appln-2854-2023.odt
                                    (1)


             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                CRIMINAL APPLICATION NO.2854 OF 2023

                      Anil Baban Barate And Others
                                   Versus
                  The State Of Maharashtra And Another
                                     ...
                  Mr. V.Y. Bhide, Advocate for Applicants
                                     ...
                             CORAM : S. G. CHAPALGAONKAR, J.

                             DATED : FEBRUARY 12, 2026

PER COURT :-

1.             Not on board. Upon mentioning, taken on board.

2.             Learned advocate appearing for applicants seeks leave to

amend application in view of filing of charge sheet and further order

taking cognizance.

3.             Leave to amend is granted in terms of law laid down by

Hon’ble Supreme Court in case of Pradnya Pranjal Kulkarni vs State

Of Maharashtra in Petition(s) for Special Leave to Appeal (Crl.)

No.13424/2025 decided on 3rd September, 2025.

4.             Amendment to be carried out within a period of two

weeks from today. In case of failure to carry out amendment within

stipulated period, application shall stand dismissed without further

reference to this Court.




                                          (S.G. CHAPALGAONKAR, J.)
Mujaheed//

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