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Bombay High Court

BHARAT SHIVAJI NAGAREversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal
Withdrawn

Holding

The court held that the criminal application may be withdrawn with liberty to re‑file after the chargesheet is filed.

Summary

The petitioner, Bharat Shivaji Nagare, filed a criminal application before the High Court of Bombay, Aurangabad Bench. He sought leave to withdraw the application, requesting permission to re‑file after the chargesheet is filed in the concerned court. The respondent State of Maharashtra opposed the withdrawal. The learned counsel for the petitioner argued that withdrawal would not prejudice the proceedings and that the chargesheet had not yet been filed. The court considered the request and, finding no impediment, allowed the withdrawal. Consequently, the application was disposed of as withdrawn, with liberty granted to the petitioner to prefer a fresh application after filing the chargesheet.

Issues considered

  • Whether the petitioner is entitled to withdraw the criminal application before the filing of the chargesheet

Subjects

  • criminal procedure
  • withdrawal of application
  • leave to withdraw
  • chargesheet
  • high court

Judgment

2026:BHC-AUG:717
                                                        1                    910-CrAn-45-26.odt




                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       BENCH AT AURANGABAD


                                  CRIMINAL APPLICATION NO. 45 OF 2026

                                         BHARAT SHIVAJI NAGARE
                                                 VERSUS
                               THE STATE OF MAHARASHTRA AND ANOTHER
                                                    ...
                                Advocate for Applicant : Mr. Ashok D. Raut
                              APP for Respondent/State : Mr. G. O. Wattamwar
                                                    ...

                                                 CORAM :        SACHIN S. DESHMUKH, J.
                                                 DATE       :   08-01-2026
                   PER COURT:-

                   1.    Learned counsel for the applicant, on instructions, seeks

                   leave to withdraw the application with liberty to prefer the

                   application after filing of the chargesheet before the concerned

                   Court.

                   2.    The criminal application stands disposed of as withdrawn

                   with the aforesaid liberty.




                                                        [SACHIN S. DESHMUKH]
                                                                JUDGE

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