Bombay High Court
HARESH J DHARMANIversusSTATE OF MAHARASHTRA AND ANR
- Decided
- Disposal
- Disposed Off
Holding
The order dated 26 May 2026 does not survive and is quashed and set aside.
Summary
The petitioner, Haresh J. Dharmani, filed a criminal writ petition challenging an order dated 26 May 2026 passed by a Judicial Magistrate in a criminal case (C.C. No.1349/SS/2018). The petitioner sought to withdraw the application filed under Exhibit-161 and to file a fresh application after recording his statement under Section 313 of the Code of Criminal Procedure, 1973. The High Court, after hearing counsel, allowed the withdrawal of the application and consequently quashed the impugned order. The court held that the order of the Judicial Magistrate does not survive and set it aside. The petition was disposed, granting leave to the petitioner to file a new application after his statement is recorded.
Issues considered
- Whether the order dated 26 May 2026 passed by the Judicial Magistrate can be set aside on the ground of withdrawal of the application filed under Exhibit‑161.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 313
Subjects
- criminal procedure
- writ petition
- withdrawal of application
- Section 313
- order quashed
Judgment
906-WP-3482-2026.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO.3482 OF 2026
Haresh J. Dharmani …Petitioner
Versus
The State of Maharashtra & Anr. …Respondents
Mr. Amrut Joshi a/w. Mr. Anand Pai i/b. Mr. Ketan Dhavle, for the
Petitioner.
Mr. S. S. Ghag, APP, for the Respondent-State.
Mr. Harshad Bhadbhade a/w. Ms. Vidhya Mangavde and Ms.
Shagufa Patel, for Respondent No.2.
CORAM: MADHAV J. JAMDAR, J.
DATED : 18th AUGUST 2026
PC:-
1. Heard Mr. Joshi, learned Counsel appearing for the
Petitioner, Mr. Ghag, learned APP appearing for Respondent No.1-
State and Mr. Bhadbhade, learned Counsel appearing for
Respondent No.2.
2. In this Writ Petition, the challenge is to the order dated 26 th
May 2026 passed by the learned Judicial Magistrate (First Class),
Mazgaon, Mumbai, below Exhibit-161 in C.C. No.1349/SS/2018.
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906-WP-3482-2026.DOC
3. After arguing the matter for some time, Mr. Joshi, learned
Counsel appearing for the Petitioner, in view of the observations
made in the first line of paragraph No.7 of the impugned order
dated 26th May 2026, states that he has instructions to withdraw
the said Application bearing Exhibit-161 filed in C.C.
No.1349/SS/2018. He states that the Petitioner will file a fresh
Application seeking appropriate reliefs, after recording of his
statement under Section 313 of the Code of Criminal Procedure,
1973.
4. Accordingly, the said Application bearing Exhibit-161 filed in
C.C. No.1349/SS/2018 is allowed to be withdrawn and disposed of
as withdrawn.
5. Consequently, the impugned order dated 26th May 2026
passed by the learned Judicial Magistrate (First Class), Mazgaon,
Mumbai passed below Exhibit-161 in C.C. No.1349/SS/2018 does
not survive and quashed and set aside.
6. As the leave is granted to the Petitioner to file an appropriate
Application after his statement under Section 313 of the Code of
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906-WP-3482-2026.DOC
Criminal Procedure, 1973 is recorded, all contentions, in that
behalf of all the parties are expressly kept open.
7. The Writ Petition is disposed of accordingly.
[MADHAV J. JAMDAR, J.]
Digitally
signed by
SONALI
SONALI MILIND
MILIND PATIL
PATIL Date:
2026.08.19
11:22:18
+0530
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