Bombay High Court
ADITYA AWASTHI AND ANRversusSTATE OF MAHARASHTRA AND ANR
- Decided
- Disposal
- Disposed Off
- Bench
- ASHWIN D BHOBE
Holding
The writ petition is withdrawn and disposed of, with liberty granted to the petitioners to file a discharge application before the trial court.
Summary
The petitioners filed a criminal writ petition seeking the quash of FIR No. 64 of 2025 on grounds that it violated sections 308(2), 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. While the petition was pending, the State informed the Court that a charge‑sheet had been filed. The petitioners then requested permission to withdraw the writ petition and instead file an application for discharge before the trial court at a later stage. The State did not oppose the withdrawal. The Court granted leave to withdraw the writ petition, directing that any discharge application be considered on its own merits, and disposed of the writ petition as withdrawn.
Issues considered
- What procedural steps are required when a charge‑sheet is filed after a writ petition seeking quash of an FIR has been instituted?
- Whether a criminal writ petition can be withdrawn by the petitioners with liberty to file a separate discharge application before the trial court.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 308(2), 3(5), 351(2), 352
Subjects
- writ petition
- criminal procedure
- FIR quash
- withdrawal
- Bharatiya Nyaya Sanhita
- charge-sheet
- discharge application
Judgment
Gitalaxmi 31-WP-2170-2025.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO. 2170 OF 2025
Aditya Awasthi & Anr. ...Petitioners
Versus
The State of Maharashtra & Anr. ...Respondents
__________
Mr. Raju Mandal i/b Mr. Sunny Singh, learned Advocate for the
Petitioners.
Mr. Sukanta A. Karmakar, learned A.P.P. for the State/Respondent.
PSI Mr. Nikhil Kailas Korpad attached to Upnagar Police Station, Nashik
City is present in the Court.
__________
CORAM : ASHWIN D. BHOBE, J.
DATE : 24th MARCH 2026.
P.C. :
1. Heard Mr. Raju Mandal, learned Advocate for the Petitioners
and Mr. Sukanta Karmakar, learned A.P.P. for the State/Respondent.
2. By the present Petition, the Petitioners have sought for the
following substantive relief in terms of prayer clause 27(a) :-
“a) That this Hon’ble Court may issue appropriate writ,
order and/or direction of this Hon’ble Court thereby quash
and set aside FIR No. 64 of 2025 dated 15/02/2025
registered with Upnagar Police Station, Nashik City u/s.
308(2), 352, 351(2), 3(5) of Bharatiya Nyaya Sanhita, 2023.”
3. Mr. Sukanta Karmakar, learned A.P.P. for the
State/Respondent submits that during pendency of this Petition,
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Gitalaxmi 31-WP-2170-2025.doc
charge-sheet is filed.
4. In view of the statement made by Mr. Sukanta Karmakar,
learned A.P.P. for the State/Respondent, Mr. Raju Mandal, learned
Advocate for the Petitioners, on instructions from the Petitioners,
craves leave to withdraw this Petition with liberty to file an
Application seeking discharge before the Trial Court at the
appropriate stage.
5. Mr. Sukanta Karmakar, learned A.P.P. for the
State/Respondent does not object to the request made by Mr. Raju
Mandal, learned Advocate for the Petitioners.
6. In view of the statement made by Mr. Raju Mandal, learned
Advocate for the Petitioners, leave granted to withdraw the present
Criminal Writ Petition with liberty as prayed for.
7. If an Application seeking discharge is filed by the Petitioners
before the Trial Court at the appropriate stage, the same be
considered on its own merits and in accordance with law.
8. Criminal Writ Petition No. 2170 of 2025 is disposed of as
withdrawn.
[ASHWIN D. BHOBE, J.]
Digitally signed
by GITALAXMI
GITALAXMI KRISHNA
KRISHNA KOTAWADEKAR
KOTAWADEKAR Date:
2026.03.27
15:12:52 +0530
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