Bombay High Court

KESHAV PRABHU SURNAR AND OTHERSversusTHE STATE OF MAHARASHTRA

Disposal: DISPOSED OFF
Bench: Y G KHOBRAGADE

Holding

The application is disposed of, but the magistrate shall permit the counsel to argue the matter on its merits.

Summary

The petitioners Keshav Prabhu Surnar and others filed a criminal application before the High Court of Bombay, Aurangabad Bench, seeking relief. The Court expressed disinclination to entertain the application. The petitioners' counsel then requested permission to withdraw the application but also sought leave to argue the matter before the Judicial Magistrate on its merits. The Court disposed of the criminal application while directing the Judicial Magistrate, First Class, Court No. 3, Udgir, to allow the counsel to present arguments on the merits. The magistrate is instructed to decide the matter after considering the prosecution evidence and the accused’s cross‑examination.

Issues considered

Whether the criminal application can be withdrawn at the petitioners' request
Whether the petitioners' counsel may be permitted to argue the matter before the Judicial Magistrate on its merits

Subjects

criminal application
withdrawal of application
permission to argue
magistrate jurisdiction
procedural law

Judgment

2026:BHC-AUG:9937

33-Cri-Apln-851-2026.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD

33 CRIMINAL APPLICATION NO. 851 OF 2026
KESHAV PRABHU SURNAR AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA
.…
Mr. V. D. Gunale, Advocate for the Applicants
Mr. D. B. Bhange, APP for Respondent – State
.…

CORAM : Y. G. KHOBRAGADE, J.

DATE : March 09, 2026
PER COURT :-

1. After hearing for some time, when this Court shown
disinclination to entertain the present application, on instructions,
the learned counsel for the applicants, seeks leave to withdraw the
application. However, he seeks permission to argue the matter
before the learned Magistrate on merit.

2. In view of the above, the Criminal Application is
disposed of. However, the learned Judicial Magistrate, First Class,
Court No. 3, Udgir, shall permit the counsel for the accused to
argue the matter on merits, and the said matter shall be decided
on its own merits after considering the evidence led by the
prosecution and the cross-examination conducted on behalf of the
accused.

[ Y. G. KHOBRAGADE, J. ]
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