Prasad Prabhakar Desai v. 1 Nilesh Dharma Patekar

13-ALP-137-2025 (CR).DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION APPLICATION FOR LEAVE TO APPEAL(PVT.) NO. 137 OF 2025 Prasad Prabhakar Desai ...Applicant

Versus

Nilesh Dharma Patekar and Anr.

...Respondents

.....

Mr. Venkatesh A. Shastry, for Applicant.

Mr. Nitin B. Patil, APP for the respondent-State. .....

CORAM

:

SHIVKUMAR DIGE, J.

DATE :

24th NOVEMBER 2025 P.C.

1.

Heard learned counsel for Applicant and learned APP for the Respondent-State.

2.

Learned counsel for Applicant on instructions seeks leave to withdraw this appeal with liberty to file appeal before the learned Sessions Court as per the view of the Hon'ble Apex Court in the case Celestium Financial Vs. Ghanasekaran Etc1.

3.

Considering the submission of learned counsel for Applicant, Application is allowed to be withdrawn with aforesaid liberty.

4.

Application is dismissed and disposed of as withdrawn. 5.

Learned Sessions Court shall consider the delay, if appeal is filed as application was pending before this Court. (SHIVKUMAR DIGE, J.) Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:

2025.11.26 14:23:31 +0530 1 2005 SC 2099 SAJAKALI LIYAKAT JAMADAR Sajakali Jamadar