Bombay High Court
NISHIT BAJORIAversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
Holding
The petition is withdrawn with liberty to file an application under Section 216 or Section 319 CrPC if the evidence warrants it.
Summary
The petitioner, Rakesh Ashok Kanjani, filed a writ petition seeking leave to withdraw the petition and obtain liberty to file an application before the trial court under Section 216 or Section 319 of the Criminal Procedure Code, after the police filed a supplementary charge‑sheet against a co‑accused. The High Court considered whether such withdrawal and liberty could be granted. The Court held that the petitioner may be allowed to withdraw the writ petition and was given liberty to approach the trial court under the mentioned provisions if the evidence supports it. Consequently, the petition was disposed of as withdrawn, and the related interim application was also dismissed. The order was pronounced by Justices A.S. Gadkari and Kamal Khata.
Issues considered
- Whether the petitioner can be permitted to withdraw the writ petition and be given liberty to file an application under Section 216 CrPC or Section 319 CrPC before the trial court.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 216, 319
Subjects
- withdrawal of writ petition
- criminal procedure
- supplementary charge‑sheet
- Section 216 CrPC
- Section 319 CrPC
Judgment
sns 34-wpst-21257-2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION (ST) NO.21257 OF 2024
Rakesh Ashok Kanjani … Petitioner
V/s.
The State of Maharashtra & Ors. … Respondents
WITH
INTERIM APPLICATION NO.1299 OF 2026
Nishit Bajoria … Applicant/Intervenor
In the matter between:
Rakesh Ashok Kanjai … Petitioner
V/s.
The State of Maharashtra & Ors. … Respondents
Mr. Archit Jayakar a/w. Adv. Pooja Yadav i/by Jayakar & Partners for the
Petitioner.
Mr. Shreyansh Singh a/w. Adv. Pratyush Samani for the Applicant.
Smt. P. P. Shinde, APP, for the Respondent-State.
Mr. Sanjay Patil, Senior PI and Mr. Sachin Patil, API, present.
CORAM : A. S. GADKARI AND
KAMAL KHATA, JJ.
DATE : 2nd July 2026
P.C.:-
1) As the Police have filed supplementary charge-sheet against
co-accused, Kushal Deepak Agrawal, Mr. Jayakar, learned Advocate for the
Digitally
signed by
SUMEDH
NAMDEO
SUMEDH
NAMDEO
SONAWANE
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SONAWANE Date:
2026.07.07
10:45:40
+0530
sns 34-wpst-21257-2024.doc
Petitioner on instructions seeks leave to withdraw Petition with liberty to
file an Application before the trial Court either under Section 216 or under
Section 319 of Cr.P.C., if the evidence on record supports such an
Application.
1.1) Leave and liberty granted.
2) Disposed off as withdrawn with aforesaid liberty.
3) In view of disposal of Petition, Interim Application No.1299 of
2026 is also accordingly disposed off.
(KAMAL KHATA, J.) (A.S. GADKARI, J.)
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