Anup Seth v. State of Maharashtra and Anr.
Case brief
What is this about?
Anup Seth v. The State of Maharashtra & Anr., Writ Petition No. 4739 of 2024, High Court of Judicature at Bombay, Criminal Appellate Jurisdiction, decided 22 July 2025 (Gadkari & Patil, JJ.). Petition withdrawn after charge-sheet filed; liberty granted to seek discharge under Section 239 Cr.P.C. before trial Court; trial Court requested to decide discharge application on own merits. Keywords: withdrawal of writ petition; charge-sheet; Section 239 Cr.P.C.; discharge application; alternate remedy; liberty.
What did the court decide?
Leave to withdraw the Writ Petition with liberty to file an Application for discharge under Section 239 of the Cr.P.C. before the trial Court; request to the trial Court to consider any such application on its own merits, uninfluenced by the withdrawal. ¶¶17