Bombay High Court
ABHAY NARENDRA LODHAversusTHE STATE OF MAHARASHTRA AND ORS
- Decided
- Disposal
- Allowed To be withdrawn
Holding
The court allowed the withdrawal of the interim application and granted the applicant liberty to file a fresh application later.
Summary
The applicant, Abhay Narendra Lodha, filed an interim application seeking permission to withdraw the same and to be allowed to file a fresh application for similar relief in the future. The respondent State and other parties opposed the request. The court considered whether the applicant could be granted liberty to withdraw the interim application and keep the contentions open for future filing. After hearing the counsel, the judges granted the permission, allowing the interim application to be withdrawn while leaving all parties' contentions open. Consequently, the interim application was disposed of.
Issues considered
- Whether the applicant may be permitted to withdraw the interim application and retain the liberty to file a fresh application for similar relief in the future
Subjects
- interim application
- withdrawal
- criminal writ petition
- liberty to refile
- court discretion
Judgment
:1: 16-IA-3242-26.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO.3242 OF 2026
IN
CRIMINAL WRIT PETITION NO.875 OF 2026
Abhay Narendra Lodha …..Applicant
Versus
The State of Maharashtra
and others .….Respondents
-----
Ms. Samruddhi Bendbhar, Advocate i/b. Parinam Law
Associates for the Applicant.
Ms. Gauri Rao, APP for the Respondent State.
Mr. Amit Munde, Special P.P. a/w. Jai Vohra, Shantanu Nakashe,
Parth Tari for the Respondent No.2 – CBI.
Ms. Supriya Kak, Counsel for the Respondent Nos. 3 & 4 - UOI.
-----
CORAM : SARANG V. KOTWAL &
RANJITSINHA RAJA BHONSALE, JJ.
DATE : 22nd SEPTEMBER, 2026
P.C. :
1. The learned Special Public Prosecutor has tendered
the affidavit-in-reply. It is taken on record.
2. The learned counsel for the Applicant seeks
permission to withdraw this Interim Application. She seeks
liberty to prefer fresh application for similar relief if the
occasion arises in future.
Digitally signed
by
PRADIPKUMAR 1 of 2
PRADIPKUMAR PRAKASHRAO
PRAKASHRAO DESHMANE
DESHMANE
Date:
2026.09.24 Deshmane(PS)
10:52:55 +0530
:2: 16-IA-3242-26.odt
3. Permission is granted. Interim Application is
allowed to be withdrawn with such liberty. All contentions of
all the parties are specifically left open.
4. Interim Application is disposed of accordingly.
(RANJITSINHA RAJA BHONSALE, J.) (SARANG V. KOTWAL, J.)
Deshmane (PS)
2 of 2
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