Bombay High Court

CHANDRABHAN SAKHARAM KANGANEversusSTATE OF MAHARASHTRA AND ANR

Decided: 19 August 2026
Disposal: Disposed Off

Holding

The Court may grant leave to withdraw a criminal writ petition and allow the petitioner to file a discharge application, without hearing the petition on its merits.

Summary

The petitioner, Chandrabhan Sakharam Kangane, filed a criminal writ petition before the High Court of Bombay. He later sought leave to withdraw the petition and instead file a discharge application. The learned counsel for the petitioner moved the court for such permission. The Court, after considering the request, granted leave to withdraw the petition, clarifying that the matter was not heard on its merits. The petition was consequently disposed of as withdrawn, with liberty granted to the petitioner to file a discharge application before the trial court, which will decide it on its own merits.

Issues considered

Whether the High Court can grant leave to withdraw a criminal writ petition and permit the filing of a discharge application without hearing the petition on its merits

Subjects

withdrawal of petition
discharge application
criminal writ petition
high court procedural order
no merit hearing

Judgment

                      SA_MANDAWGAD                                            920 CRIWP 2577-23.DOC




                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 CRIMINAL APPELLATE JURISDICTION
                                  CRIMINAL WRIT PETITION NO. 2577 OF 2023

                      Chandrabhan Sakharam Kangane                               … Petitioner
                            V/S.
                      State of Maharashtra and Anr.                           … Respondents


                      Mr. Tushar N. Sonawane, for The Petitioner.
                      Ms. K.T. Hiwrale, APP for Respondent No.1–State.
                      Mr. Om N. Latpate a/w. Suvarna Sagale, for Respondent No.2.
                      Mr. Milind Ingale, PSI Nashik Gram Vavi Police Station, Present.


                                                  CORAM:        SHYAM C. CHANDAK, J.
                                                  DATED :       19th AUGUST, 2026
                      P.C. :-

                      1.        Learned Counsel for the Petitioner, on instructions, seeks
                      leave to withdraw the aforesaid Petition with liberty to file
                      discharge application.

                      2.        Leave granted.

                      3.        Petition stands disposed of as withdrawn with liberty as
                      prayed for.

                      4.        It is clarified that this Court has not heard this Petition on
                      merit. If a discharge application is filed as above, the Trial Court
                      shall decide the same on its own merits in accordance with law.




  PREETI                                                     (SHYAM C. CHANDAK, J.)
  HEERO
  JAYANI
Digitally signed by
PREETI HEERO
JAYANI
Date: 2026.08.21
18:37:05 +0530



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