Bombay High Court

RAHUL HIRAMAN PAWAR AND ANOTHERversusKIRAN RAMESH RAUT AND OTHERS

Disposal: Withdrawn

Holding

The court permitted withdrawal of the intervention applications, dismissed them as withdrawn, and imposed costs on the applicants.

Summary

The intervenor, a witness, filed two criminal applications seeking to intervene in separate appeals. On the hearing date, he appeared and objected to relief being granted to the original appellant, then filed the intervention applications. Later, without providing any reason, he sought to withdraw those applications. The court held that allowing the withdrawal was appropriate but treated the applications as dismissed, characterizing the conduct as an abuse of process. Consequently, the court ordered each applicant to pay Rs.10,000 as costs to the High Court Law Library within two weeks.

Issues considered

Whether the intervenor's applications for intervention may be withdrawn without cause
Whether costs may be imposed on the applicants for filing and then withdrawing the applications

Subjects

intervention
withdrawal of applications
abuse of process
costs
high court
criminal appeal

Judgment

                                                            928-APEAL-551-2026.odt



               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          BENCH AT AURANGABAD

                    928 CRIMINAL APPEAL NO. 551 OF 2026

                     Kiran Ramesh Raut And Another
                                 VERSUS
                   The State Of Maharashtra And Others
                                   …..
Mr. S. N. Gaikwad, Advocate for Applicant/intervenor.
Mr. S. B. Narwade, APP for Respondent – State.
                                    ...

                                                  CORAM : R.M. JOSHI, J
                                                  DATE  : SEPTEMBER 9, 2026

P. C. :

1.        At the outset, learned counsel for the intervenor, on instructions,

seeks leave to withdraw Criminal Application No.3286 of 2026 filed in

Criminal Appeal No.551 of 2026, as well as Criminal Application No. 3559

of 2026 filed in Criminal Appeal No.610 of 2026.

2.        The applicant is a witness. The intervention applications have been

filed not by the informant, but by the witness. On the last date of hearing,

when the matter was posted for hearing, the applicant caused his apperance

through learned counsel and raised an objection to the grant relief to the

appellant. He thereafter filed applications for intervention.

3.        Today the applicant, through his advocate, expresses his desire to

withdraw the applications, without showing any cause or justification.

4.        The applicant had opposed the grant of any relief to the original

appellant. Today, without any realm or reasons, he seeks withdrawal of

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Kiran Kawre
                                                           928-APEAL-551-2026.odt



those applications. This is nothing but an abuse of the process of law. Hence,

though the applications are allowed to be withdrawn, the applications are

dismissed as withdrawn, with cost of Rs.10,000/- per applicant in each

application. The costs to be paid to High Court Law Library. The applicants

in these application to pay the said costs within a period of two weeks from

today.




                                                     (R. M. JOSHI, J.)




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Kiran Kawre

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