Gitalaxmi v. The State of Maharashtra & Ors.
Case at a glance
Provisions considered
- Bharatiya Nagarik Suraksha Sanhita, 2023 s. 528
- Indian Penal Code, 1860 s. 34
- Bombay Police Act, 1951 ss. 37(1), 135
Key paragraphs
- Para 66. Criminal Application No. 257 of 20265 is disposed of as withdrawn. [ASHWIN D. BHOBE, J.] GITALAXMI KRISHNA KOTAWADEKAR GITALAXMI KRISHNA KOTAWADEKAR
Judgment
Mr. A. A. Siddiquie, learned Advocate for the Applicants. Mr. Tanveer G. Khan, learned A.P.P. for the State/Respondent. PSI Mr. Bajrang Desai attached to Samta Nagar Police Station is present in the Court. __________ CORAM : ASHWIN D. BHOBE, J. DATE : 13th FEBRUARY 2026. P.C. :
Heard Mr. Siddiquie, learned Advocate for the Applicants and Mr. Tanveer Khan, learned A.P.P. for the State/Respondent.
By this Criminal Application filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS”), the Applicants have sought for the following substantive relief in terms of prayer clause (a) :-
(a) That this Honorable court be please to issue appropriate writ or order calling for the record, papers and proceeding in connection with Charge Sheet No. PW/1408/2019 arises out from First Information Report No. 430/2016 dated 08/09/2016 registered with the Respondent No. 2 for the Gitalaxmi offence punishable under Sections 324, 504, 506, 354 r/w. Sec. 34 of the Indian Penal Code, 1860 and Sections 37(1) & 135 of the Bombay Police Act, 1951 and after examining legalities and proprieties of the same be please to quash and set aside the same.
After having heard the matter for some time, Mr. Siddiquie, learned Advocate for the Applicants, on instructions from the Applicants craves leave to withdraw the present Criminal Application with liberty to file an Application seeking discharge before the Trial Court at the appropriate stage. He however submits that the First Information Report is of the year 2016 and the Applicants are aspirants of government job. He requests that such application as and when filed by the Applicants, be considered by the Trial Court expeditiously.
Mr. Tanveer Khan, learned A.P.P. for the State/Respondent does not object for grant of the request made by Mr. Siddiquie.
In view of the above, leave is granted to withdraw the present Criminal Application with liberty as prayed for. If such Application is filed by the Applicant before the Trial Court at the appropriate stage, the same be considered on its own merits and in accordance with law. The Trial Court to make an endavour to dispose of such application expeditiously subject to other prioritised cases or old cases or cases prior to the subject matter of this Criminal Application. Gitalaxmi
Criminal Application No. 257 of 20265 is disposed of as withdrawn. [ASHWIN D. BHOBE, J.] GITALAXMI KRISHNA KOTAWADEKAR GITALAXMI KRISHNA KOTAWADEKAR
Questions this judgment answers
Which statutory provisions did this judgment involve?
Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 528; Indian Penal Code, 1860 — s. 34; Bombay Police Act, 1951 — ss. 37(1), 135.
Which court decided this case, and when?
Bombay High Court, on 13 Feb 2026. The bench was ASHWIN D BHOBE.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.