Dipak Somnath Gawari vs State of Maharashtra — Cheating and Forgery | Bombay HC (2026)

Dipak Somnath Gawari vs State of Maharashtra — Cheating and Forgery | Bombay HC (2026)

What the court decided

AI extract

Outcome

Withdrawal of Criminal Writ Petition No. 1812 of 2026 as withdrawn, with liberty to file an application seeking discharge before the Trial Court at the appropriate stage; any such discharge application to be considered on its own merits and in accordance with law.

Issue for consideration

Whether the FIR and chargesheet bearing C. R. No. 83 of 2019 registered at Junnar Police Station, Pune — under section 7 of the Maharashtra Prevention of Malpractices at University, Board and Other Specified Examinations Act, 1982 and section 420 r/w 34 of IPC — against the petitioner ought to be quashed and set aside under Section 482 Cr.P.C.

Court's answer

Leave granted to the petitioner to withdraw the present Petition with liberty as prayed.

Ratio / Principle

If an Application seeking discharge is filed before the Trial Court at the appropriate stage, the same shall be considered on its own merits and in accordance with law.

Detailed headnote1 paragraphs

Bombay High Court (Criminal Appellate Jurisdiction), Ashwin D. Bhobe, J. — Criminal Writ Petition No. 1812 of 2026, decided 21 April 2026: The petitioner, Dipak Somnath Gawari, had sought under Section 482 Cr.P.C. quashing of the FIR and chargesheet C. R. No. 83 of 2019 of Junnar Police Station, Pune, registered against him under section 7 of the Maharashtra Prevention of Malpractices at University, Board and Other Specified Examinations Act, 1982 and section 420 r/w 34 of IPC. After hearing the matter for some time, counsel for the petitioner, on instructions, sought leave to withdraw the petition with liberty to file an application seeking discharge before the Trial Court at the appropriate stage; the learned APP for the State raised no objection. Leave to withdraw was granted, with the direction that any discharge application so filed be considered on its own merits and in accordance with law. The petition was disposed of as withdrawn; the substantive question whether the FIR/chargesheet should be quashed was left unadjudicated by this Court.

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Digitally signed GAYATRI by GAYATRIRAJENDRA RAJENDRASHIMPI SHIMPIDate:2026.04.22 19:19:15 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

WRIT PETITION NO. 1812 OF 2026

Dipak Somnath Gawari … Petitioner V/s.

The State of Maharashtra & Anr. … Respondents

Mr. Onkar Arun Mane, Advocate for Petitioner. Ms. Rajeshree Newton, APP for Respondent – State. Mr. Samadhan Tadge, Junnar Police Station.

CORAM : ASHWIN D. BHOBE, J. DATE : 21^st APRIL, 2026

P.C. :

By the present Petition, the Petitioner has sought for

the following substantive reliefs in prayer clause (a):-

“a) This Honourable Court be pleased to call for the record and proceedings of the FIR as well as chargesheet bearing C. R. No. 83 of 2019 registered at Junnar Police Station, Pune under section 7 the Maharashtra Prevention of Malpractices at University, Board and Other Specified Examinations Act, 1982 as well as under section 420 r/w 34 of IPC against the petitioner and after going through same and after satisfying the validity, legality and propriety be pleased to quash and set aside the same by exercising the power under Section 482 of Cr.P.C.”

After having heard the matter for some time, Mr.

Onkar Arun Mane, learned Advocate for the Petitioner, on

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instructions from the Petitioner, craves leave to withdraw the present Writ Petition with liberty to file an Application seeking discharge before the Trial Court at the appropriate stage.

Ms. Rajeshree Newton, learned APP for the State, does

not object to the request made by Mr. Onkar Arun Mane, learned Advocate for the Petitioner.

In view of the statement made by Mr. Onkar Arun Mane, leave granted to withdraw the present Petition with liberty as prayed, if an Application seeking discharge is filed before the Trial Court at the appropriate stage, the same be considered on its

own merits and in accordance with law.

Criminal Writ Petition No. 1812 of 2026 is disposed of

as withdrawn.

(ASHWIN D. BHOBE, J.)

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