Bombay High Court
RAHUL VIRESH MEHTAversusTHE STATE OF MAHARASHTRA AND ANR.
- Decided
- Disposal
- Disposed Off
- Bench
- ASHWIN D BHOBE
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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