Sumit Surajsingh Kagda v. State Of Maharashtra And ANR

Gitalaxmi 38-APL-303-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 303 OF 2025 Sumit Surajsingh Kagda ...Applicant

Versus

The State of Maharashtra And Ors.

...Respondents

__________ Mr. Pramod S. Kumbhar, learned Advocate for the Applicant. Mr. Kiran C. Shinde, learned A.P.P. for the State/Respondent. PSI Mr. John P. Pillai attached to Vile Parle Police Station is present in the Court.

__________ CORAM :

ASHWIN D. BHOBE, J.

DATE :

27th JANUARY 2026.

P.C. :

1.

Heard Mr. Pramod Kumbhar, learned Advocate for the Applicant and Mr. Kiran Shinde, learned A.P.P. for the State/Respondent.

2.

By the present Criminal Application, the Applicant has sought for the following substantive relief in terms of prayer clause 20(b) of the Criminal Application :- "b.

The FIR No.72/2020 and further proceeding arising out of the said FIR registered with Vile Parle Police Station, Mumbai i.e. Spl. Case No. 207 of 2020 pending on the file of the Ld. Addl. Sessions Judge, Dindoshi, Mumbai, for the offences punishable 376, and U/s. 4 and 8 of POCSO Act be quashed and set aside."

3.

After having heard the matter for some time, Mr. Pramod

Gitalaxmi 38-APL-303-2025.doc Kumbhar, learned Advocate for the Applicant, on instructions from the Applicant craves leave to withdraw the present Criminal Application with liberty to file an Application seeking discharge before the Trial Court at the appropriate stage. 4.

Mr. Prasanna Malshe, learned A.P.P. for the State/Respondent does not object for grant of the request made by Mr. Pramod Kumbhar, learned Advocate for the Applicant.

5.

In view of the above, leave is granted to withdraw the present Criminal Application with liberty as prayed for. 6.

If such Application is filed by the Applicant before the learned Trial Court at the appropriate stage, the same be considered on its own merits and in accordance with law. 7.

Criminal Application No. 303 of 2025 is disposed of as withdrawn.

[ASHWIN D. BHOBE, J.] by GITALAXMI KRISHNA KOTAWADEKAR Date:

2026.01.27 20:45:16 +0530 GITALAXMI KRISHNA KOTAWADEKAR