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Bombay High Court

ADITYA AWASTHI AND ANRversusSTATE OF MAHARASHTRA AND ANR

Decided
Disposal
Disposed Off

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The writ petition is withdrawn and disposed of, with liberty granted to the petitioners to file a discharge application before the trial court.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directing that any discharge application be considered on its own merits, and disposed of the writ petition as withdrawn.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  • Whether a criminal writ petition can be withdrawn by the petitioners with liberty to file a separate discharge application before the trial court.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

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,

                                              Page 1 of 2
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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