Bombay High Court

RAJENDRA S/O. DILIPSINGH TEHRAversusTHE STATE OF MAHARASHTRA AND ANR

Disposal: DISPOSED OFF
Bench: RAJNISH R VYAS

Holding

The Court granted permission to withdraw the application and disposed of it as infructuous.

Summary

The applicant, Rajendra Dilipsingh Tehra, filed a criminal application before the Bombay High Court, Aurangabad Bench. The respondent State of Maharashtra filed a 'B Summary' report, which, according to the learned Assistant Public Prosecutor, rendered the pending application infructuous. On this basis, the applicant's counsel sought the Court's permission to withdraw the application. The Court examined the submission that the filing of the summary report made further proceedings unnecessary. It granted the request for withdrawal, holding that the application could be disposed of as infructuous. Consequently, the criminal application was formally disposed of without further hearing.

Issues considered

Whether a criminal application may be withdrawn and disposed of as infructuous upon filing of a summary report.

Subjects

criminal procedure
withdrawal of application
infructuous
summary report
High Court

Judgment

2026:BHC-AUG:15543-DB
                                                                          915-APPLN-3459-19.odt




                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                            CRIMINAL APPLICATION NO. 3459 OF 2019

          Rajendra Dilipsingh Tehra                              ..APPLICANT
                VERSUS
          State of Maharashtra and Another                       ..RESPONDENTS

                                                ....
          Mr. S.R. Bagal, Advocate h/f Mr. B.N. Gadegaonkar, Advocate for applicant
          Mr. V.V. Jahagirdar, A.P.P. for respondent no.1 - State
                                                ....

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

          PER COURT :

          .          Learned A.P.P. fairly submits that since ‘B Summary’ report is filed

          in the present matter, same has become infructuous.



          2.         On the basis of statement made by learned A.P.P., learned counsel

          for the applicant seeks permission to withdraw the application as same has

          become infructuous.



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

          infructuous.




                                                            ( RAJNISH R. VYAS, J. )
          SSD



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