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Bombay High Court

YAMINI LAXMIKANT SHARMAversusTHE STATE OF MAHARASHTRA

Decided
Disposal
Disposed off as Withdrawn

Holding

The writ petition is allowed to be withdrawn and disposed of, with the observations in the impugned orders not to influence the trial court.

Summary

The petitioner, Yamini Laxmikant Sharma, filed a criminal writ petition challenging the dismissal of her discharge application (Exhibit-16) filed under Section 239 of the CrPC by the Metropolitan Magistrate and the subsequent confirmation of that dismissal by the Additional Sessions Judge. The petitioner later sought to withdraw the writ petition, requesting that the observations made in the impugned orders not influence the trial court. The Court held that the observations were only prima facie for the discharge application and should not affect the trial proceedings. Accordingly, the Court allowed the withdrawal of the writ petition and ordered its disposal, while urging the trial court to conclude the 2009 criminal case expeditiously.

Issues considered

  • What is the effect of the observations made in the orders dismissing the discharge application on the trial court?
  • Can a criminal writ petition be withdrawn after filing, and what is the appropriate procedure?

Legislation cited

Subjects

  • Criminal Procedure
  • Section 239 CrPC
  • Discharge Application
  • Writ Petition
  • Withdrawal of Petition
  • Trial Court
  • Expeditious Trial

Judgment

                                                    905-WP-3141-2026.DOC




          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 CRIMINAL APPELLATE JURISDICTION
             CRIMINAL WRIT PETITION NO.3141 OF 2026


Yamini Laxmikant Sharma                                …Petitioner
      Versus
The State of Maharashtra                               …Respondent


Mr. Ratnesh Dube, for the Petitioner.
Mrs. Savita M. Yadav, APP, for the Respondent-State.
Mr. Tamboli, PSI, attached to Ghatkopar Police Station, present.


                        CORAM:       MADHAV J. JAMDAR, J.
                        DATED :      18th AUGUST 2026
PC:-


1.       By this Writ Petition, the challenge is to the order dated 6 th

April 2024 passed by the learned Metropolitan Magistrate, 49 th

Court,      Vikhroli,    Mumbai,      below    Exhibit-16    in    C.C.

No.397/PW/2009          and also to the order dated 4th June 2026

passed by the learned Additional Sessions Judge, Sessions Court,

Mazgaon, Greater Mumbai, in Criminal Revision Application

No.521 of 2021. By the impugned order dated 6 th April 2024,

Application bearing Exhibit-16 filed under Section 239 of the Code

of Criminal Procedure, 1973 seeking discharge of the Petitioner i.e.

accused No.2-Yamini Laxman Sharma has been dismissed. By the




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impugned order dated 4th June 2026 the said Criminal Revision

Application has been dismissed thereby confirming the order dated

6th April 2024.



2.       After arguing the matter for some time, Mr. Dube, learned

Counsel appearing for the Petitioner, on instructions of the

Petitioner, seeks withdrawal of the Writ Petition. However, he

states that it be clarified that the observations made in the

impugned order dated 6th April 2024 and 4th June 2026 will not

influence the learned Trial Court.



3.       Needless to state that, the observations made in the

impugned orders are for the purpose of deciding the Discharge

Application filed by the Petitioner i.e. accused No.2 and those

observations are prima facie observations and the learned Trial

Court to decide the trial uninfluenced by those observations.



4.       Accordingly, the Writ Petition is allowed to be withdrawn

and disposed of, subject to above.




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            5.       As the Criminal Case is of the year 2009, the learned Trial

            Court is requested to conclude the trial expeditiously.




                                                      [MADHAV J. JAMDAR, J.]



       Digitally
       signed by
       SONALI
SONALI MILIND
MILIND PATIL
PATIL Date:
       2026.08.24
       10:54:35
       +0530




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