Bombay High Court
BHARAT SHIVAJI NAGAREversusTHE STATE OF MAHARASHTRA AND ANOTHER
- Disposal
- Withdrawn
- Bench
- SACHIN S DESHMUKH
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The court held that the criminal application may be withdrawn with liberty to re‑file after the chargesheet is filed.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 Consequently, the application was disposed of as withdrawn, with liberty granted to the petitioner to prefer a fresh application after filing the chargesheet.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 The criminal application stands disposed of as withdrawn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
rrd
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