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Bombay High Court

INDUBAI EKNATH PATILversusSTATE OF MAHARASHTRA and OTHRS.

Disposal
DISPOSED OFF

Holding

The petition is disposed of with liberty to the petitioner to challenge the order, and the pending civil application is also disposed of.

Summary

The petitioners filed a criminal writ petition challenging an order communicated on 28 September 2020 and subsequent notices. The respondents' counsel submitted the communications for the court's record. The petitioner's counsel reviewed the documents and agreed that the petition could be disposed of while preserving the petitioner's right to contest the order later. The court accepted this arrangement, ordering the petition to be disposed of with liberty to the petitioner to challenge the order. Additionally, a pending civil application related to the matter was also disposed of.

Issues considered

  • Whether a criminal writ petition can be disposed of while granting the petitioner liberty to challenge the impugned order in the future

Subjects

  • criminal writ petition
  • disposal with liberty to challenge
  • civil application
  • court communications

Judgment

2026:BHC-AUG:43477-DB


                                    1               912 CRIMINAL WRIT PETITION NO. 1036 OF 2020



                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              BENCH AT AURANGABAD

                   912 CRIMINAL WRIT PETITION NO. 1036 OF 2020

                                INDUBAI EKNATH PATIL
                                         VERSUS
                        STATE OF MAHARASHTRA AND OTHRS.
                                            ...
            Adv. U. L. Memale h/f Adv. M. S. Deshmukh, Advocate for the
            Petitioner
            Adv. Rajdeep D. Raut, APP for Respondents-State
                                            ...

                                        WITH
                         CRIMINAL APPLICATION NO. 266 OF 2021
                                   IN WP/1036/2020

                             VISHWAS RAGHUNATH BAGALE
                                          VERSUS
                       THE STATE OF MAHARASHTRA AND OTHERS
                                             …
            Adv. A. S. Sawant, Advocate for Applicant
            Adv. Rajdeep D. Raut, APP for Respondents-State
                                             ...

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

                                 DATED : 22/09/2026
            Per Court:

            .     Heard.



            2.    The learned APP has placed on record the communication

            dated 28.09.2020 along with the subsequent communications

            dated 31.10.2020 and 03.11.2020. The learned counsel for the

            petitioner has also gone through the said communications and
                             2                 912 CRIMINAL WRIT PETITION NO. 1036 OF 2020



confirms the fact that this petition can be disposed of by keeping

the right of the petitioner to challenge the order mentioned in the

aforesaid communication. All these communications are taken on

record and marked “X” collectively for identification.




3.         In view of the same, the petition stands disposed of with

liberty to the petitioner as aforesaid. The pending Civil Application

is also disposed of.




( VAISHALI PATIL-JADHAV, J. ) ( SANDIPKUMAR C. MORE, J. )

shivani/


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