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Bombay High Court

Azhar Nizamuddin Dhanseversusstate of maharashtra

Decided
Disposal
Disposed Off

Holding

The revision application is allowed to be withdrawn with liberty to file a fresh application challenging the framing of charge.

Summary

Azhar Nizamuddin Dhanse and another filed Criminal Revision Application No. 208 of 2026 before the Bombay High Court challenging the framing of charges by the State of Maharashtra. While the revision was pending, the trial court framed charges against the applicants. The applicants' counsel then sought permission to withdraw the revision application, requesting liberty to file a fresh application contesting the charge framing. The Court considered the counsel's submission and allowed the withdrawal of the revision application, granting the requested liberty. Consequently, the revision application and any other pending applications were disposed of.

Issues considered

  • Whether a criminal revision application may be withdrawn at the stage when charges have been framed
  • Whether the court can grant liberty to file a fresh application challenging the framing of charges

Subjects

  • criminal revision
  • withdrawal of application
  • framing of charge
  • procedural law
  • high court

Judgment

                                                                                         35-REVN-208-2026 (CR).doc

                             S.S.Kilaje


                                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                    CRIMINAL APPELLATE JURISDICTION

                                              CRIMINAL REVISION APPLICATION NO. 208 OF 2026

                                   Azhar Nizamuddin Dhanse & Anr.                                 … Applicants
                                   VERSUS
                                   State Of Maharashtra                                           … Respondent


SONALI by
          Digitally signed
          SONALI
       SATISH KILAJE
SATISH Date:
                                   _________________________________________________________________
       2026.08.28
KILAJE 14:43:02
       +0530
                                   Mr. Mayanka S.R. i/b. Mr. Gaurav Bhawnani, Advocate for Applicants.
                                   Smt. R.D.Humane, APP for Respondent-State.
                                   _________________________________________________________________

                                                                        CORAM        :   SHIVKUMAR DIGE, J.
                                                                        DATE         :   27th AUGUST, 2026.
                                   P.C. :

                                   1.         Heard learned counsel for the applicants and learned APP.

                                   2.         Learned counsel for the applicants submits that during the

                                   pendency of this application, charges are framed. Learned counsel for the

                                   applicants, on instructions, seeks leave to withdraw this application with

                                   liberty to file fresh application challenging the framing of charge.

                                   3.         Considering the submission of learned counsel for the

                                   applicants, Revision Application is allowed to be withdrawn with the

                                   aforesaid liberty.

                                   4.         Revision Application is disposed of. All pending application, if

                                   any, also disposed of.

                                                                                   (SHIVKUMAR DIGE, J.)



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