Bombay High Court

SUNIL DHUDA CHITTE AND OTHERSversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal: Withdrawn

Holding

The application cannot be adjudicated and is dismissed as withdrawn because the applicant has availed an alternate statutory remedy.

Summary

The applicants, Sunil Dhuda Chitte and others, filed a criminal application seeking relief, but they had already filed an application for discharge in the trial court, which remained pending. The State argued that the pending discharge application constituted an alternate statutory remedy and should be disclosed. The applicants' counsel acknowledged the pending discharge application and requested that the present application be withdrawn. The court held that because the applicants had availed an alternate remedy, the present application could not be adjudicated and was therefore dismissed as withdrawn. The application was consequently dismissed.

Issues considered

Whether a criminal application can be adjudicated when the applicant has a pending application for discharge in the trial court.

Subjects

criminal procedure
alternate remedy
discharge application
withdrawal
dismissal

Judgment

                                  1                      992appln3993



         IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                     BENCH AT AURANGABAD

             992 CRIMINAL APPLICATION NO. 3993 OF 2025

                 SUNIL DHUDA CHITTE AND OTHERS
                               VERSUS
            THE STATE OF MAHARASHTRA AND ANOTHER
                                   ...
          Advocate for Applicants : Mr. Ingole Govind Rangrao
              APP for Respondents/State : Mr. D.J. Patil
         Advocate for Respondent No. 2 : Mr. Wagh Rajendra H.
                                   ...


                          CORAM : HITEN S. VENEGAVKAR, J.
                          DATE : 01.09.2026
PER COURT :


1.           The learned APP appearing for respondent-State submits
that the applicant has availed the alternate remedy available in law to
prefer the application for discharge before the learned trial Court,
however, the application for discharge is still pending and the said fact
has not been disclosed in the present petition.


2.           The learned Advocate upon taking instructions confirms the
fact that the discharge application is pending. He thus, on instructions,
prays to allow the present application to be withdraw.


3.           In view of the fact that the applicants have availed alternate
statutory remedy available to them in law, the application cannot be
adjudicated and stands dismissed as withdrawn.



                                      (HITEN S. VENEGAVKAR, J.)

mahajansb/

Continue reading with your account

Checking your session…