Bombay High Court

POOJA ANIL SADASHIVE ALIAS POOJA RAVINDRA PANPATILversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal: Withdrawn

Holding

An application cannot be adjudicated when the petitioner has availed an alternate statutory remedy, and therefore it must be dismissed as withdrawn.

Summary

The petitioner, Pooja Anil Sadashive, filed a criminal application seeking relief before the High Court of Bombay, Aurangabad Bench. The State argued that the petitioner had already filed an application for discharge in the trial court, which remained pending and was not disclosed in the present petition. The petitioner’s counsel acknowledged the pending discharge application and requested that the current application be withdrawn. The Court noted that the petitioner had availed an alternate statutory remedy, and therefore the present application could not be entertained. Consequently, the Court dismissed the application as withdrawn.

Issues considered

Whether a criminal application before the High Court can be adjudicated when the petitioner has a pending application for discharge in the trial court.

Subjects

alternate remedy
discharge application
withdrawal
criminal procedure
high court

Judgment

                                  1                   998criappln72.26



         IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                     BENCH AT AURANGABAD

              998 CRIMINAL APPLICATION NO. 72 OF 2026

     POOJA ANIL SADASHIVE ALIAS POOJA RAVINDRA PANPATIL
                              VERSUS
          THE STATE OF MAHARASHTRA AND ANOTHER
                                 ...
            Advocate for Applicant : Mr. Shejwal Arun S.
           APP for Respondent No. 1/State : Mr. K.K.Naik
                                 ...


                          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.)



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