Bombay High Court

SUMIT PRAFULCHANDRA DESAIversusBUREAU OF IMMIGRATION OF HOME AFFAIRS AND ORS

Decided: 3 June 2026
Disposal: Disposed Off
Bench: SHYAM C CHANDAK FARHAN PARVEZ DUBASH

Holding

The court granted leave to withdraw the interim applications, disposing them as withdrawn.

Summary

The applicants, Sumit Prafulchandra Desai and Pranavkumar Prafulchandra Vora, had filed four interim applications (including two stay applications) in two separate criminal writ petitions before the Bombay High Court. Their counsel, Mr. Arpit Mutha, moved the court seeking leave to withdraw all four interim applications. The court considered whether the applicants were entitled to withdraw the applications at that stage. The judges held that the court has the discretion to allow withdrawal of interim applications and that no substantive rights were adversely affected. Consequently, the court granted leave to withdraw and ordered the interim applications to stand disposed of as withdrawn.

Issues considered

Whether the court may grant leave to withdraw interim applications filed in criminal writ petitions

Subjects

interim application
withdrawal
criminal writ petition
procedural discretion
high court

Judgment

                      P.H. Jayani                                                        33 IA4499.2025.doc


                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         CRIMINAL APPELLATE JURISDICTION
                                        INTERIM APPLICATION NO. 4499 OF 2025
                                                       WITH
                                      INTERIM APPLICATION (ST.) NO. 9794 OF 2026
                                                        IN
                                       CRIMINAL WRIT PETITION NO. 3145 OF 2025

                      Sumit Prafulchandra Desai                                 …. Applicant
                            Vs.
                      Bureau of Immigration, Ministry of
                      Home Affairs and Ors.                                     …. Respondents
                                                       WITH
                                      INTERIM APPLICATION (ST.) NO. 9789 OF 2026
                                                       WITH
                                        INTERIM APPLICATION NO. 4500 OF 2025
                                                        IN
                                       CRIMINAL WRIT PETITION NO. 3144 OF 2025

                      Pranavkumar Prafulchandra Vora                            …. Applicant
                            Vs.
                      Bureau of Immigration, Ministry of
                      Home Affairs and Ors.                                     …. Respondents

                      Mr. Arpit Mutha a/w. Ms. Aayusha Geruja i/b. Mr. Prajit Sahane for the
                      Applicants/Petitioners.
                      Mr. D.P. Singh for Respondent No.1 – Union of India.
                      Mr. Tanveer Khan, APP for the Respondent No.4 – State.

                                                CORAM : SHYAM C. CHANDAK AND
                                                         FARHAN P. DUBASH, JJ.
                                                DATED : 03rd JUNE, 2026
                                                         (VACATION COURT)
                      P.C. :-

                      1)            Mr. Arpit Mutha, learned Counsel for the Applicants seeks leave

                      to withdraw the aforesaid four Interim Applications.

                      2)            Leave to withdraw, is granted.

                      3)            Interim Applications stand disposed of as withdrawn.



                           (FARHAN P. DUBASH, J.)                 (SHYAM C. CHANDAK, J.)
  PREETI
  HEERO
  JAYANI
Digitally signed by                                                                                     1/1
PREETI HEERO
JAYANI
Date: 2026.06.04
14:03:54 +0530

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