Debasshish Debnarayan Ghosh vs the State of Maharashtra and Anr. — Bombay HC (2025) — LawSathi Research

Debasshish Debnarayan Ghosh vs the State of Maharashtra and Anr. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petition disposed of as withdrawn with liberty to file an Application for discharge before the trial Court within two weeks (statement accepted); the Special Court, Thane directed to defer framing of charge qua the Petitioner for two weeks from 5th July 2025.

Issue for consideration

Whether the Petitioner may withdraw the Criminal Writ Petition with liberty to file an Application for discharge before the trial Court, having regard to the ratio laid down by the Hon'ble Supreme Court in Neeta Singh & Ors. v. The State of Uttar Pradesh & Ors. (SLP(Crl.) No.(s) 13578 of 2024, decided 15th October 2024). +1 more

Court's answer

Leave and liberty were granted to the Petitioner to withdraw the Petition and to file an Application for discharge before the trial Court.

Ratio / Principle

The Court accepted the Petitioner's statement (given on instructions through counsel) that the Application for discharge will be filed before the trial Court within a period of two weeks from the date of the order.

Key takeaways

The learned Judge of the Special Court, Thane, seized of Special Case No. 40 of 2024, was directed to defer the stage of framing of charge qua the Petitioner for a period of two weeks from 5th July 2025.ratio¶24
The Petition was disposed of as withdrawn with the aforesaid liberty.ratio¶22

Detailed headnote1 paragraphs

High Court of Judicature at Bombay, Criminal Appellate Jurisdiction — Criminal Writ Petition No. 624 of 2025; Debasshish Debnarayan Ghosh (Petitioner) v. The State of Maharashtra & Anr. (Respondents); Coram: A. S. Gadkari and Rajesh S. Patil, JJ.; decided 4th July 2025. With the charge-sheet already filed and cognizance taken, and the trial Court having fixed framing of charge in Special Case No. 40 of 2024 for the following day (5th July 2025), the Petitioner, acting on the ratio laid down by the Supreme Court in Neeta Singh & Ors. v. The State of Uttar Pradesh & Ors. (Special Leave to Appeal (Crl.) No.(s) 13578 of 2024, dated 15th October 2024), sought leave to withdraw the Petition with liberty to file an Application for discharge before the trial Court. The Court accepted the Petitioner's undertaking to file the discharge application within two weeks, granted leave and liberty, disposed of the Petition as withdrawn, and directed the learned Judge of the Special Court, Thane to defer the stage of framing of charge qua the Petitioner for two weeks from 5th July 2025.

bipin prithiani 38-wp-624.25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

CRIMINAL WRIT PETITION NO. 624 OF 2025

Debasshish Debnarayan Ghosh … Petitioner

V/s.

The State of Maharashtra & Anr. … Respondents

Mr. Girish Kulkarni, Senior Advocate, a/w Mr. Maitreya Shukla, Mr. Ayaz Bilawala and Mr. Yogesh A. Gaikwad i/by M/s. Bilawala & Co. for Petitioner. Mr. Ashish I. Satpute, APP for Respondent No.1-State. ACP Mandar Jawale, Vartak Nagar Police Station, Thane, present. API D. B. Vede, Vartak Nagar Police Station, Thane, present.

CORAM : A. S. GADKARI AND RAJESH S. PATIL, JJ. DATE : 4^th JULY 2025

P.C.:-

It is an admitted fact on record that, after completion of investigation, the Investigating Agency has filed charge-sheet and the trial Court has also taken cognizance of the same.

BIPINDHARMENDERPRITHIANI Digitally signed byBIPINDHARMENDERPRITHIANIDate: 2025.07.1614:59:05 +0530

As per the submission of Mr. Kulkarni, learned senior counsel for Petitioner, the trial Court has now scheduled the said case i.e. Special Case No.40 of 2024 for framing of charge tomorrow.

In view of the ratio laid down by the Hon’ble Supreme Court in case of Neeta Singh & Ors. vs. The State of Uttar Pradesh & Ors. in Special

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bipin prithiani 38-wp-624.25.doc

Leave to Appeal (Crl.) No.(s) 13578 of 2024 dated 15^th October 2024,

Mr.Kulkarni, learned senior counsel, on instructions, seeks leave to withdraw Petition with liberty to file an Application for discharge before the trial Court.

3.1) Mr. Kulkarni, learned senior counsel on instructions, submitted

that Petitioner will file the Application for discharge before the trial Court within a period of two weeks from today. The said statement is accepted.

3.2) Leave and liberty granted.

1. Disposed off as withdrawn with aforesaid liberty.

1. In view thereof, we direct the learned Judge of the Special

Court, Thane, seized of Special Case No. 40 of 2024 to defer the stage of framing of charge qua the Petitioner for a period of two weeks from 5^th July 2025.

(RAJESH S. PATIL, J.) (A.S. GADKARI, J.)

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