Bombay High Court

SANTOSH GORAKH PUNDEversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal: Withdrawn
Bench: S G CHAPALGAONKAR

Holding

The criminal application is dismissed as withdrawn, with liberty granted to file a discharge application before the trial court.

Summary

The applicant, Santosh Gorakh Punde, filed a criminal application before the Bombay High Court, Aurangabad Bench. After hearing, the applicant's counsel sought permission to withdraw the application, requesting liberty to file a separate application for discharge before the trial court. The court considered whether such withdrawal could be permitted under procedural law. It held that the applicant could be allowed to withdraw the application, subject to the liberty to seek discharge later. Consequently, the criminal application was dismissed as withdrawn, granting the applicant the requested liberty.

Issues considered

Whether the applicant may be permitted to withdraw a criminal application pending before the High Court
Whether the court can grant liberty to file a separate discharge application before the trial court

Subjects

withdrawal of criminal application
criminal procedure
discharge before trial
high court permission

Judgment

2026:BHC-AUG:3681-DB




                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                          910 CRIMINAL APPLICATION NO. 4384 OF 2025

                                     SANTOSH GORAKH PUNDE
                                              VERSUS
                           THE STATE OF MAHARASHTRA AND ANOTHER
                                                  ...
           Mr. G. J. Kore, Advocate for Applicant
           Mr. K. B. Jadhavar, APP for Respondent/State

                                               CORAM : S. G. CHAPALGAONKAR, J.
                                               DATED       : 28th JANUARY, 2026

           P. C. :-

           1.           Learned Advocate appearing for Applicant after arguing for some

           time, seeks permission to withdraw Criminal Application with liberty to file

           application for discharge before Trial Court.

           2.           In view of this, Criminal Application stands dismissed as

           withdrawn with liberty as prayed.



                                                      (S. G. CHAPALGAONKAR, J.)


           ssp




           910 criapln4384.25.odt                                                 1 of 1

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