Yamini Laxmikant Sharma v. The State of Maharashtra

Mr. Ratnesh Dube, for the Petitioner. Mrs. Savita M. Yadav, APP, for the Respondent-State. Mr. Tamboli, PSI, attached to Ghatkopar Police Station, present. CORAM: MADHAV J. JAMDAR, J. DATED : 18th AUGUST 2026 PC:-

By this Writ Petition, the challenge is to the order dated 6th April 2024 passed by the learned Metropolitan Magistrate, 49th Court, Vikhroli, Mumbai, below Exhibit-16 in C.C. No.397/PW/2009 and also to the order dated 4th June 2026 passed by the learned Additional Sessions Judge, Sessions Court, Mazgaon, Greater Mumbai, in Criminal Revision Application No.521 of 2021. By the impugned order dated 6th April 2024, Application bearing Exhibit-16 filed under Section 239 of the Code of Criminal Procedure, 1973 seeking discharge of the Petitioner i.e. accused No.2-Yamini Laxman Sharma has been dismissed. By the Sonali 905-WP-3141-2026.DOC impugned order dated 4th June 2026 the said Criminal Revision Application has been dismissed thereby confirming the order dated 6th April 2024.

After arguing the matter for some time, Mr. Dube, learned Counsel appearing for the Petitioner, on instructions of the Petitioner, seeks withdrawal of the Writ Petition. However, he states that it be clarified that the observations made in the impugned order dated 6th April 2024 and 4th June 2026 will not influence the learned Trial Court.

Needless to state that, the observations made in the impugned orders are for the purpose of deciding the Discharge Application filed by the Petitioner i.e. accused No.2 and those observations are prima facie observations and the learned Trial Court to decide the trial uninfluenced by those observations.

As the Criminal Case is of the year 2009, the learned Trial Court is requested to conclude the trial expeditiously. [MADHAV J. JAMDAR, J.] SONALI MILIND PATIL Digitally signed by SONALI MILIND PATIL 10:54:35 +0530 Sonali