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Bombay High Court

MANOJ ATMARAJ PATIL AND ANRversusRAJENDRASING S/O. JAISING PATIL AND OTHERS

Disposal
DISPOSED OFF

Holding

The petition is disposed of as withdrawn, with liberty to initiate appropriate proceedings under Section 156(3) of the Criminal Procedure Code.

Summary

The petitioners, Rajendrasing and another, filed a criminal writ petition in the Bombay High Court seeking relief. They later applied to withdraw the petition and requested liberty to initiate appropriate proceedings before the concerned magistrate under Section 156(3) of the Criminal Procedure Code. The Court considered the request and allowed the withdrawal, granting the petitioners the liberty they sought. Consequently, the main petition was disposed of as withdrawn, and the pending criminal application No. 941 of 2020 was also disposed of. No substantive merits of the original petition were adjudicated.

Issues considered

  • Whether a criminal writ petition may be withdrawn at the petitioners' request
  • Whether the petitioners may be granted liberty to initiate proceedings under Section 156(3) of the Cr.P.C. after withdrawal

Legislation cited

Subjects

  • withdrawal of petition
  • Section 156(3) CrPC
  • criminal writ petition
  • procedural law
  • High Court

Judgment

2026:BHC-AUG:37432-DB

                                                                       917 wp 1887-19 .




                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             BENCH AT AURANGABAD

                   917 CRIMINAL WRIT PETITION NO. 1887 OF 2019
                                      WITH
                       CRIMINAL APPLICATION NO.941 of 2020

                      RAJENDRASING S/O. JAISING PATIL AND ANR
                                         VERSUS
                      THE STATE OF MAHARASHTRA AND OTHERS
                                             ...
          Mr. Bolkar Yogesh B, Advocate for the Petitioners
          Ms. M. N. Ghanekar, APP for Respondent-State
                                            ….

                                  CORAM        :   SANDIPKUMAR C. MORE &
                                                   VAISHALI PATIL-JADHAV, JJ.

                                  Date         :   19/08/2026

          PER COURT :


          1.   Heard.
          2.   Learned counsel for the petitioners, on instructions, seeks
          permission to withdraw the petition with liberty to initiate appropriate
          proceedings before the concerned Magistrate under Section 156(3) of
          the Cr.P.C.
          3.   In view of the above, the petition stands disposed of as
          withdrawn, with liberty as prayed for.
          4.   In view of the disposal of the main petition, the pending Criminal
          Application No.941 of 2020 also stands disposed of.




          [VAISHALI PATIL-JADHAV]                     [SANDIPKUMAR C. MORE]
                       JUDGE                                JUDGE

                  VS Maind/                                         Page|1


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