Bombay High Court

GOPAL SITARAM TIWARIversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal: DISPOSED OFF

Holding

Leave to withdraw the criminal application was granted, allowing the applicant to file a discharge application before the trial court.

Summary

The applicant, Gopal Sitaram Tiwari, filed a criminal application before the High Court of Bombay, Aurangabad Bench. He later sought leave to withdraw that application, requesting liberty to file a separate application for discharge before the trial court. The sole issue before the court was whether the applicant could be permitted to withdraw the pending application. The court examined the procedural rules governing withdrawal of criminal applications and the need to ensure that the trial court is not prejudiced. Finding no impediment, the court granted the leave sought. Consequently, the criminal application was disposed of as withdrawn, with liberty to file a discharge application as prayed for.

Issues considered

Whether leave can be granted to withdraw a pending criminal application and allow filing of a discharge application before the trial court

Subjects

withdrawal of criminal application
leave of court
discharge application
procedural law

Judgment

2026:BHC-AUG:38715-DB
                                                                        942-APPLN-3754-22.odt




                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                           CRIMINAL APPLICATION NO. 3754 OF 2022

          Gopal Sitaram Tiwari                                  ..APPLICANT
                VERSUS
          State of Maharashtra and Another                      ..RESPONDENTS

                                                ....
          Mr. S.S. Bora, Advocate for applicant
          Ms. S.P. Gour, A.P.P. for respondent no.1 – State
          Ms. M.S. Deshmukh, Advocate h/f Mr. V.D. Patnurkar, Advocate for
          respondent no.2
                                                ....

                                                       CORAM : R.M. JOSHI, J.
                                                       DATE : 27th AUGUST, 2026

          PER COURT :

          1.         Learned counsel for the Applicant, on instructions, seeks leave to

          withdraw the application with liberty to file an application for discharge

          before the learned trial Court.


          2.         Leave is granted. Criminal Application is disposed of as withdrawn

          with liberty as prayed for.




                                                           ( R.M. JOSHI, J. )
          SSD




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