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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The application was disposed of as withdrawn, with liberty to reapply later.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 The court, reserving such liberty, ordered the application to be treated as withdrawn.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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