Bombay High Court

MANOJ PANDHURANG WAGHAVEKARversusSTATE OF MAHARASHTRA AND ANR

Decided: 2 April 2026
Disposal: Disposed Off
Bench: N JAMADAR

Holding

A writ petition may be withdrawn with liberty to file an appropriate proceeding, and the petition is dismissed as withdrawn.

Summary

Manoj Pandhurang Waghavekar filed a writ petition before the Bombay High Court challenging an unspecified order of the State of Maharashtra. The petitioner later moved the court seeking leave to withdraw the petition, requesting liberty to file an appropriate proceeding later. The Court, after considering the request, granted leave to withdraw the petition with the liberty sought. It dismissed the petition as withdrawn. The judgment also noted that the time spent by the petitioner in prosecuting the petition could be counted under Section 14 of the Limitation Act if a limitation issue arises in any subsequent proceeding.

Issues considered

Whether a writ petition can be withdrawn after filing with liberty to institute a fresh proceeding
Whether the period spent in prosecuting the withdrawn petition can be credited under Section 14 of the Limitation Act

Legislation cited

Limitation Act — s. 14

Subjects

writ petition
withdrawal
limitation
High Court
criminal appellate jurisdiction

Judgment

                                                                         9-WP1018-2026.DOC

                                                                                    Santosh

                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    CRIMINAL APPELLATE JURISDICTION


                                      WRIT PETITION NO. 1018 OF 2026

                      Manoj Pandhurang Waghavekar                             ...Petitioner
                                        Versus
                      State of Maharashtra and Anr                       …Respondents

                      Ms. Rashmi Bhandarkar, for the Petitioner.
                      Mr. A. D. Kamkhedkar, APP for the State.

                                                         CORAM:     N. J. JAMADAR, J.
                                                         DATED:     2nd APRIL, 2026

                      PC:-

                      1.     The learned Counsel for the petitioner, on instructions,

                      seeks leave to withdraw the petition with liberty to ;le an

                      appropriate proceeding.


                             Leave granted with with liberty as prayed for.

SANTOSH
SUBHASH               2.     The petition stands dismissed as withdrawn.
KULKARNI
Digitally signed by
SANTOSH SUBHASH
KULKARNI
Date: 2026.04.04
12:13:21 +0530        3.     The time spent by the petitioner in prosecuting this

                      petition may be accounted for under Section 14 of the Limitation

                      Act, in the event the question of limitation arises.



                                                                 [N. J. JAMADAR, J.]




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