Bombay High Court
PRANAV ALIAS MAIKAL BAPUSAHEB SHELKE AND OTHERSversusTHE STATE OF MAHARASHTRA AND ANOTHER
- Disposal
- Withdrawn
- Bench
- S G CHAPALGAONKAR
Holding
The court may permit withdrawal of a criminal application with liberty to move before the trial court for discharge.
Summary
The applicants, Pranav Shelke and others, filed a criminal application before the Bombay High Court, Aurangabad Bench. They later sought the court's permission to withdraw the application and to approach the trial court for a discharge. The learned counsel for the applicants made this request during the hearing. The court considered whether it could allow such a withdrawal. Finding no impediment, the judge granted the request, ordering the application to be dismissed as withdrawn while giving the applicants liberty to move before the trial court for discharge. Consequently, the pending application was closed.
Issues considered
- Whether the High Court can grant permission to withdraw a criminal application and allow the parties to seek discharge before the trial court
Subjects
- withdrawal of criminal application
- discharge
- criminal procedure
- high court jurisdiction
- application dismissed
Judgment
2026:BHC-AUG:21245-DB
911-appln-5038-2025.odt
(1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 5038 OF 2025
Pranav Alias Maikal Bapusaheb Shelke And Others
VERSUS
The State Of Maharashtra And Another
...
Advocate for Applicants : Mr. Jadhav Hanumant P.
APP for Respondent/State : Mr. S.D. Ghayal
...
CORAM : S. G. CHAPALGAONKAR, J.
DATED : MAY 08, 2026
PER COURT :-
1. Learned advocate appearing for applicants after arguing
for some time seeks permission to withdraw present application with
liberty to move before Trial Court for discharge.
2. Permission granted. Application stands dismissed as
withdrawn with liberty as prayed for.
(S.G. CHAPALGAONKAR, J.)
Mujaheed//
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