Bombay High Court

MANIK LALA MEHETRE AND OTHERSversusTHE STATE OF MAHARASHTRA AND ANR

Disposal: Withdrawn
Bench: RAJNISH R VYAS

Holding

The court granted permission to withdraw the criminal application after the charge-sheet was filed.

Summary

The applicants filed a criminal application seeking permission to withdraw it after the charge-sheet had been filed. The counsel for the applicants argued that the withdrawal should be allowed with liberty to file a fresh application if needed. The respondent's counsel opposed the withdrawal. The bench considered whether the court could grant such permission post charge-sheet filing. Finding no legal impediment, the court granted the request. Consequently, the criminal application was disposed of as withdrawn with liberty as prayed for.

Issues considered

Whether a criminal application can be withdrawn after the charge-sheet has been filed

Subjects

Criminal Procedure Code
withdrawal of application
charge-sheet
High Court
procedural law

Judgment

2026:BHC-AUG:15544-DB
                                                                           913-APPLN-3414-19.odt




                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                           CRIMINAL APPLICATION NO. 3414 OF 2019

          Manik Lala Mehetre and Others                           ..APPLICANTS
                VERSUS
          State of Maharashtra and Another                        ..RESPONDENTS

                                               ....
          Mr. A.N.Deshpande, Advocate h/f Mr. C.V.Dharurkar, Advocate for applicants
          Mr. S.N. Morampalle, A.P.P. for respondent no.1 - State
                                               ....

                                                        CORAM : RAJNISH R. VYAS, J.
                                                        DATE : 10th APRIL, 2026

          PER COURT :

          .          At the outset, learned counsel for the applicants fairly submits that

          since the charge-sheet is filed, he be permitted to withdraw the application

          with permission to file afresh.



          2.         Permission is granted.       Criminal application is disposed of as

          withdrawn with liberty as prayed for.




                                                              ( RAJNISH R. VYAS, J. )
          SSD




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