Bombay High Court

ABDULGANI IBRAHIM PATELversusSTATE OF MAHARASHTRA

Disposal: Disposed off as Withdrawn

Holding

The court granted leave to withdraw the interim application with liberty to file a fresh application.

Summary

The applicant, Abdulgani Ibrahim Patel, filed Interim Application No. 560 of 2026 in a criminal appeal before the Bombay High Court seeking to withdraw the application and file a fresh one with proper averments. The applicant's counsel, Ms. B.R. Mangale, requested a passover to take instructions and subsequently moved for leave to withdraw. The respondent's counsel, Ms.S.H. Yadav, did not oppose the request. The court noted the absence of any objection and, after hearing the matter, granted leave to withdraw the interim application with liberty to file a fresh one. Consequently, the interim application was disposed of as withdrawn.

Issues considered

Whether the court may grant leave to withdraw an interim application and allow the filing of a fresh application?

Subjects

interim application
withdrawal
criminal appeal
procedural relief
high court

Judgment

                                                         501.doc



          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  CIRCUIT BENCH AT KOLHAPUR
                CRIMINAL APPELLATE JURISDICTION
              INTERIM APPLICATION NO. 560 OF 2026
                              IN
                CRIMINAL APPEAL NO. 1315 OF 2023
Abdulgani Ibrahim Patel                             ...Applicant
         Versus
State of Maharashtra                        ...Respondent
__________________________________________________________
Ms. B. R. Mangale, Advocate for the Applicant.
Ms. S. H. Yadav, APP for the Respondent – State.
__________________________________________________________

                              CORAM : ASHWIN D. BHOBE, J.
                               DATE : 7th September, 2026.
P.C. :


1.        This Application is circulated pursuant to the praecipe

dated 07.09.2026. Same is taken on record and marked “X” for

identification. In view of the urgency expressed by Ms. B. R.

Mangale, learned Advocate for the Applicant, this Application was

ordered to be listed on the “Production Board”.



2.        After having heard the matter for some time, Ms. B. R.

Mangale, learned Advocate for the Applicant, sought a passover to

take instructions from the Applicant. After some time, at her



Arjun                          1
                                                                              501.doc



                     request, this Application was taken up.



                     3.      Ms. B. R. Mangale, learned Advocate for the Applicant, on

                     instructions from the Applicant seeks leave to withdraw the

                     present Application with liberty to file a fresh Application by

                     making the required averments and seeking the proper reliefs.



                     4.      The request made by Ms. B. R. Mangale, learned Advocate

                     for the Applicant, is not opposed by Mr. S. H. Yadav, learned APP

                     for the Respondent – State.



                     5.      In view of the statement made by Ms. B. R. Mangale,

                     learned Advocate for the Applicant, leave is granted to withdraw

                     the present Application with liberty as prayed.



                     6.      Interim Application No. 560 of 2026 is disposed of as

                     withdrawn.



                                                                (ASHWIN D. BHOBE, J.)




        Digitally
        signed by
        ARJUN
ARJUN   KRISHNA
KRISHNA RODGE
RODGE   Date:
        2026.09.07
        20:03:45
        +0530
                     Arjun                          2

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