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Bombay High CourtIA/3235/2025disposed off

Anis Kazmi v. The State Of Maharashtra And ANR.

2025-09-29Hon'Ble Shri Justice Sarang Vijaykumar Kotwal , Hon'Ble Shri Justice Shyam C. Chandak2 pages

11-wp-2736-19 Gokhale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2736 OF 2019 Mrs. Anis Kazmi ..Petitioner

Versus

The State of Maharashtra & Anr.

..Respondents WITH INTERIM APPLICATION NO. 3235 OF 2025 IN CRIMINAL WRIT PETITION NO. 2736 OF 2019 __________ Mr. Ashok M. Saraogi a/w. Anand Mishra and Priti Rao for Petitioner.

Ms. Sangeeta D. Shinde, APP for State/Respondent. Ms. Anima Mishra a/w. Anuj Singh i/b. Hulyalkar & Associates for the Respondent No.2.

__________ CORAM : SARANG V. KOTWAL & SHYAM C. CHANDAK, JJ.

DATE : 29 SEPTEMBER 2025 PC :

1.

This writ petition is pending since 2019. In the meantime, the charge-sheet is filed and the matter is kept for framing of the charges before the Trial Court. 2.

Learned counsel for the Petitioner seeks permission to withdraw this petition with liberty to file discharge application Digitally signed by VINOD BHASKAR GOKHALE Date:

2025.10.01 12:04:05 +0530 VINOD BHASKAR GOKHALE

11-wp-2736-19 before the Trial Court. The request is reasonable. The charge-sheet was filed when the old Criminal Procedure Code, 1973 was in operation. In this peculiar circumstance, we are permitting withdrawal of this petition with liberty to the petitioner who is the Accused No.2, to prefer an application for discharge before the Trial Court. If such an application is preferred, it shall be decided on its own merits and in accordance with law. 3.

The Petition is disposed of. With disposal of the petition, the interim application is also disposed of.

(SHYAM C. CHANDAK, J.) (SARANG V. KOTWAL, J.)