Bombay High Court
NITIN ISHWAR BHONDVEversusTHE STATE OF MAHARASHTRA AND ANR
- Decided
- Disposal
- Disposed Off
Holding
The interim application was dismissed as infructuous, and a two‑week extension was granted for annexing the charge‑sheet.
Summary
The Bombay High Court heard an interim application filed by the applicant seeking to modify an interlocutory order dated 18 April 2023 in Criminal Writ Petition No. 5639 of 2021. The court noted that the charge‑sheet had already been filed and leave had been granted to annex it to the writ petition, and that a related petition (Writ Petition No. 5205 of 2022) had been withdrawn. Consequently, the court held that the interim application was rendered infructuous and disposed of it. The court also granted a two‑week extension to the petitioners to annex the charge‑sheet to the writ petition. The main writ petition was listed for hearing on 3 September 2026.
Issues considered
- Whether the interim application to modify the interlocutory order is maintainable after the charge‑sheet has been filed and leave to annex granted
- Whether the court may extend the time for annexing the charge‑sheet to the writ petition
Subjects
- interim application
- interlocutory order
- charge-sheet
- time extension
- criminal writ petition
- quashing
- high court procedure
Judgment
28-wp-5639-21.doc
Urmila Ingale
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
Digitally signed
URMILA by URMILA
PRAMOD
PRAMOD INGALE
Date:
INGALE 2026.08.21
15:01:50 +0530
WRIT PETITION NO. 5639 OF 2021
Yogesh Hanumat Surve and ors. .. Petitioners
Versus
The State of Maharashtra and anr. .. Respondents
WITH
INTERIM APPLICATION NO. 5275 OF 2024
IN
WRIT PETITION NO. 5639 OF 2021
Nitin Ishwar Bhondve .. Applicant
Versus
The State of Maharashtra and anr. .. Respondents
....................
Ms. Anjali Chitta a/w Mr. Amit Singh, for Petitioners.
Mr. S.G. Kudle, for Respondent No.2 in WP and for Applicant in IA.
Ms. Rajeshree Newton, APP for Respondent-State.
PSI- Mr. Khan, Dahisar Police Station, present.
...................
CORAM : MILIND N. JADHAV, J.
DATE : AUGUST 20, 2026
P.C.:
1. Heard Mr. Kudle, learned Advocate for the Applicant in
Interim Application, Ms. Chitta, learned Advocate for Petitioners and
Ms. Newton, learned APP for Respondent-State.
2. The prayer in the Interim Application is pointed out by Mr.
Kudle as appearing on page 10. It attempts to modify an interlocutory
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28-wp-5639-21.doc
order passed in Criminal Writ Petition No. 5639 of 2021 on 18 th April
2023. However, it is seen that the charge-sheet has already been filed
and leave was granted by this Court to annex the charge-sheet to
Criminal Writ Petition No. 5639 of 2021. The Complainant’s Petition
namely Writ Petition No. 5205 of 2022 was allowed to be withdrawn
by a common order dated 26th March 2026. All that remains in the
present case is now to hear the Criminal Writ Petition No. 5639 of
2021 in accordance with law which is for quashing. Mr.Kudle appears
for the Complainant and opposes the said Petition. The pleadings in
the Criminal Writ Petition No. 5639 of 2021 are completed. In that
view of the matter, insofar as the present Interim Application seeking
modification of the interlocutory order dated 18th April 2023 is
concerned, it has rendered itself infructuous. Needless to state that the
submissions on behalf of the Petitioners and the original Complainant
would be considered on merits while hearing Criminal Writ Petition
No. 5639 of 2021.
3. The Interim Application is disposed of in the above terms.
4. List Criminal Writ Petition No. 5639 of 2021 on 3 rd
September 2026.
5. Learned Advocate appearing for the Petitioners in Criminal
Writ Petition No. 5639 of 2021 requests the Court to extend the time
for annexing the charge-sheet which was granted since there was some
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28-wp-5639-21.doc
difficulty in receiving the charge-sheet. The time stands extended to
annex charge-sheet to the Writ Petition by a further period of two
weeks from today.
Urmila Ingale [ MILIND N. JADHAV, J. ]
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