Bombay High Court
SHAILESH SAMBHRAO BORLEPWARversusTHE STATE OF MAHARASHTRA AND ANR
- Disposal
- Withdrawn
- Bench
- RAJNISH R VYAS
Holding
The court granted permission to withdraw the criminal application, disposing of it as withdrawn without hearing on the merits.
Summary
The applicant, Shailesh Sambhrao Borlepwar, filed a criminal application seeking permission to withdraw the application and to raise all grounds before the trial court, noting that charges had already been framed and two witnesses examined. The respondent State of Maharashtra opposed the request. The court considered whether it could grant such permission without hearing the matter on its merits. Relying on procedural principles that allow withdrawal of applications with the court’s permission, the court granted the request. It ordered the criminal application to be disposed of as withdrawn, expressly stating that the matter was not heard on merit. The order was pronounced by Justice Rajnish R. Vyas on 10 April 2026.
Issues considered
- Whether the court may grant permission to withdraw a criminal application and allow the applicant to raise all grounds before the trial court.
Subjects
- withdrawal of application
- criminal procedure
- pre‑trial application
- court permission
Judgment
2026:BHC-AUG:15511-DB
916-APPLN-3474-19.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 3474 OF 2019
Shailesh Sambhrao Borlepwar ..APPLICANT
VERSUS
State of Maharashtra and Another ..RESPONDENTS
....
Mr. P.P. Mandlik, Advocate for applicant
Mr. V.S. Badakh, A.P.P. for respondent no.1 – State
Mr. M.D. Narwadkar, Advocate for respondent no.2
....
CORAM : RAJNISH R. VYAS, J.
DATE : 10th APRIL, 2026
PER COURT :
. Learned counsel for the applicant, on instructions, submits that
since in the proceeding charges are already framed and two witnesses are
examined, he may be permitted to withdraw the application with permission
to raise all the grounds before the trial Court.
2. In view of above, permission is granted. Criminal application is
disposed of as withdrawn with liberty as prayed for. It is made clear that the
matter was not heard on merit.
( RAJNISH R. VYAS, J. )
SSD
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