IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.3324 OF 2025 IN SUO MOTU WRIT PETITION NO.1 OF 2022 State of Maharashtra ... Applicant versus High Court on its Own Motion … Respondent SWAROOP WITH SHARAD INTERIM APPLICATION NO.3328 OF 2025 PHADKE IN Digitally signed by SWAROOP SHARAD PHADKE SUO MOTU WRIT PETITION NO.1 OF 2022 Date: 2025.10.08 15:10:09 +0530 State of Maharashtra ... Applicant versus High Court on its Own Motion … Respondent Mrs. M.M.Deshmukh, Public Prosecutor with Mr. A.R.Patil, Addl. Public Prosecutor, for State.

CORAM: SHREE CHANDRASHEKHAR, CJ &

N.J.JAMADAR, J.

DATE : 29 SEPTEMBER 2025 Per, N.J.Jamadar, J. :

1. Heard the learned Counsel for the parties.

2. This Special Bench has been constituted pursuant to the directions of the Supreme Court in Writ Petition (Civil) No.699 of 2016 in an order dated 10 August 2021, dealing with the issue of withdrawal of criminal cases pending against the legislators by the State for extraneous and political considerations, by utilizing the power under Section 321 of the Code of Criminal Procedure, 1973. The Supreme Court emphasised that the said power under Section 321 was required to