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Bombay High Court

RAHUL VIRESH MEHTAversusTHE STATE OF MAHARASHTRA AND ANR.

Decided
Disposal
Disposed Off

Holding

The Court allowed the petitioner to withdraw the writ petition with liberty to file a composite petition later.

Summary

Petitioner Rahul Viresh Mehta filed a writ petition challenging FIR No. 654 of 2025 registered at Waliv Police Station, Vasai. The State, through APP Mrs. Rajeshree Newton, informed the Court that the investigation was nearing completion and a chargesheet would be filed within a month. On this basis, the petitioner, through counsel Madhukar Dalvi, sought leave to withdraw the present petition and later file a composite petition challenging both the FIR and the forthcoming chargesheet. The respondents did not oppose the request. The Court, accepting the State’s statement, granted leave to withdraw the petition, allowing the petitioner to file appropriate proceedings against the chargesheet when filed, and disposed of the writ petition.

Issues considered

  • Whether a petitioner may be permitted to withdraw a writ petition pending the filing of a chargesheet
  • Whether the High Court can grant liberty to file a composite petition challenging the FIR and chargesheet at a later stage

Subjects

  • writ petition
  • FIR
  • withdrawal
  • chargesheet
  • criminal procedure
  • High Court of Bombay

Judgment

                                                                                 911-WP-1055-2026.doc


                                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         CRIMINAL APPELLATE JURISDICTION

                                             WRIT PETITION NO.1055 OF 2026

                      Rahul Viresh Mehta                                … Petitioner
                                      V/s.
                      The State Of Maharashtra And Anr.                 … Respondents

                                         ____________________________________

         Digitally
                      Mr. Madhukar Dalvi a/w Mr. Harsh Parte, a/w Ms. Prachi Parte a/w Mr.
         signed by

SHARADA
         SHARADA
         RANGNATH
RANGNATH WAHULE
                      Siddhesh Borkar a/w Ms. Anuja Pawade and Mr. Shivendra Dwivedi,
WAHULE   Date:
         2026.04.09
         15:13:03
         +0530
                      Advocate for the Petitioner.
                      Mr. Mahesh Vaswani a/w Mr. Siddharth Singh, Advocate for Respondent
                      No.2.
                      Mrs. Rajeshree Newton, APP for the State.
                      API Hanif Shaikh, Waliv Police Station, is present.
                                     ____________________________________

                                                      CORAM       : ASHWIN D. BHOBE, J.
                                                      DATED       : 8th April 2026
                      P.C.:

                      1.        By this Petition, the Petitioner has challenged the FIR No. 654 of

                      2025 registered at the Walive Police Station, Vasai, Mumbai.


                      2.        Mrs. Rajeshree Newton, learned APP for the State, submits that

                      the investigation in FIR No. 654 of 2025 is ongoing and nearing

                      completion. On specific instructions from the Investigation Officer API,

                      Hanif Shaikh, Waliv Police Station, she states that the chargesheet will

                      be filed before the Court having jurisdiction within a period of one

                      month from today.




                                                             1
                      Sharada
                                                            911-WP-1055-2026.doc


3.        In view of the statement made by Mrs. Rajeshree Newton, learned

APP, Mr. Madhukar Dalvi, learned Advocate for the Petitioner, on

instructions from the Petitioner, seeks leave to withdraw the present

Petition with liberty to file a composite Petition challenging the

impugned FIR and the chargesheet.


4.        Mr. Mahesh Vaswani, learned Advocate for Respondent No.2 and

Mrs. Rajeshree Newton, learned APP for the State, do not object to the

said request made by Mr. Madhukar Dalvi learned Advocate for the

Petitioner.


5.         By accepting the statement made by Mrs. Rajeshree Newton,

learned APP for the State, the request made by Mr. Madhukar Dalvi is

granted. Consequently, leave is granted to the Petitioner to withdraw

this Petition with liberty as prayed.


6.         In the event the chargesheet is filed against the Petitioner, the

Petitioner is at liberty to file appropriate proceedings challenging the

chargesheet, including the FIR impugned in the present petition.


7.        All contentions of the parties are left open.


8.        Writ Petition No.1055 of 2026 is disposed of.




                                            ( ASHWIN D. BHOBE, J.)




                                        2
Sharada


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