Bombay High Court

CHAITALI W/O NILKANTH KADAM @ CHAITALI D/O DNYANESHWAR SURASEversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISMISSED

Holding

Leave to amend the criminal writ petition is granted, subject to a two‑week compliance deadline.

Summary

The petitioners, Neelkanth Mangesh Kadam and others, filed a criminal writ petition challenging a cognizance order passed by the trial court. They sought permission to amend their application, relying on a recent Supreme Court decision in Pradnya Pranjal Kulkarni v. State of Maharashtra. The High Court examined whether procedural rules allowed such amendment after cognizance had been taken. Considering the precedent, the Court granted leave to amend, imposing a two‑week deadline for filing the amendment and for placing the charge‑sheet on record. Failure to comply would result in automatic dismissal of the petition. The order was pronounced by Justice Neeraj P. Dhote.

Issues considered

Whether the petitioners are entitled to leave to amend their criminal writ petition after a cognizance order has been passed

Subjects

criminal procedure
amendment of petition
cognizance order
high court procedural discretion
special leave to appeal

Judgment

                                                           1                 913CrWP153.2024.odt
                                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                  BENCH AT AURANGABAD.

                                          913 CRIMINAL WRIT PETITION NO. 153 OF 2024

                                              Neelkanth Mangesh Kadam And Others
                                                            VERSUS
                                              The State Of Maharashtra And Another
                                                                  ...
                             Mr. Rameez M. Shaikh - Advocate for the Petitioners
                             Mrs. M. L. Sangit- APP for the State
                                                                  ...
                                                           WITH
                                           CRIMINAL WRIT PETITION NO. 1164 OF 2023
                                                             ...

                                                            CORAM :     NEERAJ P. DHOTE, J.
                                                            DATED :     17TH JUNE, 2026

                             PER COURT : -

                             1.           The learned Advocate for the Applicants submits that the
                             cognizance order has been passed by the learned Trial Court and seeks
                             leave to amend the Application in the light of the judgment of the
                             Hon’ble Apex Court in Pradnya Pranjal Kulkarni vs. State of
                             Maharashtra and Another [Petition(s) for Special Leave to Appeal (Crl.)
                             No. 13424 of 2025].

                             2.           Leave to amend is granted. The amendment shall be carried
                             out within a period of two (2) weeks, failing which the Petition shall
                             stand dismissed automatically without reference to the Court. A copy of
                             the charge-sheet shall also be placed on record within a period of two
                             (2) weeks.


                                                                         [NEERAJ P. DHOTE]
                                                                              JUDGE
                             SG Punde




Signed by: Sandeep Gulabrao Punde
Designation: PS To Honourable Judge
Date: 17/06/2026 20:20:44

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