Bombay High Court

AMOL DHARMA KHAIRNARversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal: APPLICATION ALLOWED

Holding

Leave to amend the criminal application was granted and the original application was disposed.

Summary

The applicant, Amol Dharma Khairnar, filed a criminal application (No.3458 of 2026) seeking to challenge the trial court's taking of cognizance and the charge‑sheet. During the pendency of the application, the charge‑sheet was filed and cognizance taken, prompting the applicant to request permission to amend the application to include these new grounds, relying on the Supreme Court’s decision in Pradnya Pranjal Kulkarni v. State of Maharashtra. The High Court, after considering the precedent, granted leave to amend the original application and directed that the amendment be filed within two weeks, with a copy served on the opposite party. Consequently, the original application (No.3458 of 2026) was ordered to stand disposed. The order is purely procedural, allowing the amendment and closing the pending application.

Issues considered

Whether the applicant may be permitted to amend the criminal application to challenge the order of taking cognizance and the charge‑sheet after they have been filed
Whether the High Court should dispose of the original application upon granting leave to amend

Subjects

amendment
criminal procedure
cognizance
charge-sheet
High Court order
procedural disposal

Judgment

2026:BHC-AUG:36970
                                              -1-
                                                             NOB-5-APPLN-3458-2026

                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               BENCH AT AURANGABAD

                         CRIMINAL APPLICATION NO.3458 OF 2026
                                         IN
                         CRIMINAL APPLICATION NO.4875 OF 2025

                               AMOL DHARMA KHAIRNAR
                                       VERSUS
                       THE STATE OF MAHARASHTRA AND ANOTHER

                                               .....
              Mr. P. M. Nagargoje, Advocate for Applicant.
              Mr. D. J. Patil, APP for Respondent - State.
                                               .....

                                         CORAM : HITEN S. VENEGAVKAR, J.
                                          DATED : 17th AUGUST 2026
              PER COURT :

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


              2.         Learned advocate appearing for applicant submits that

              during pendency of this application, charge-sheet has been filed

              and the cognizance has been taken by the Trial Court. In light of

              the ratio laid down in case of Pradnya Pranjal Kulkarni vs. State of

              Maharashtra and another, [Petition(s) for Special Leave to Appeal

              (Crl.) No.13424 of 2025] decided by the Hon'ble Supreme Court on

              3rd September 2025, the learned Advocate for the applicant seeks

              leave to amend the application and add prayer clause challenging

              the order of taking cognizance as well as challenging the charge-

              sheet and annex the copies of charge-sheet and order of

              cognizance. Leave to amend granted.
                                -2-
                                               NOB-5-APPLN-3458-2026




3.         Amendment to be carried out in Criminal Application

NO.4875 of 2025 within a period of two weeks from today. Copy of

amended application be supplied to the other side in advance.



4.         In view of above, Criminal Application No.3458 of 2026

stands disposed of.



                                      (HITEN S. VENEGAVKAR)
                                             JUDGE




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