Bombay High Court
MOHD NAFEES RAFIK SHAIKHversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
Holding
The application was disposed of as withdrawn, with liberty to reapply later.
Summary
Mohd Nafees Rafik Shaikh filed Criminal Application No.1611 of 2026 before the Bombay High Court challenging the State of Maharashtra. The applicant sought the issuance of process against the respondents. The learned judge expressed disinclination to entertain the application and indicated that no process would be issued. The applicant was persuaded to withdraw the application, with liberty to approach the court later if required. The court, reserving such liberty, ordered the application to be treated as withdrawn. Consequently, the application was disposed of without any substantive adjudication on the merits.
Issues considered
- What procedural basis exists for the court to refuse issuance of process in a criminal application?
Subjects
- criminal application
- withdrawal
- procedural discretion
- high court
Judgment
21.APL.1611.2026.doc
HARSHADA H. SAWANT
(P.A.)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.1611 OF 2026
Mohd Nafees Rafik Shaikh .. Applicant
Versus
The State of Maharashtra and Anr. .. Respondents
....................
Mr. Mateen Shaikh a/w. Mr. Hassan Siddiqui and Ms. Muskan
Shaikh, Advocates for Applicant.
Ms. Gauri S. Rao, APP for Respondent No.1.
...................
CORAM : MILIND N. JADHAV, J.
DATE : OCTOBER 09, 2026
P.C.:
1. Heard Mr. Shaikh, learned Advocate for Applicant and Ms.
Rao, learned APP for Respondent No.1.
2. After expressing my disinclination to Mr. Shaikh that I am
not inclined to issue any process or allow the present Application, Mr.
Shaikh would persuade the Court to allow the Applicant to withdraw
the present Application with leave and liberty to approach this Court
later in accordance with law.
3. Reserving such liberty, present Application is disposed of as
withdrawn.
H. H. SAWANT [ MILIND N. JADHAV, J. ]
Digitally signed
by HARSHADA
HARSHADA HANUMANT
HANUMANT SAWANT
SAWANT Date:
2026.10.09
19:56:23 +0530
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