Bombay High Court

AAFIYA KHAZI NAFEversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF

Holding

The writ petition is disposed of as withdrawn, allowing the petitioner to seek appropriate relief in the lower court.

Summary

Petitioner Aafiya Khazi Nafe filed a criminal writ petition challenging actions of the State of Maharashtra. The petitioner, through counsel G.S. Kalve, later submitted a withdrawal petition stating she no longer wished to pursue the matter and had already approached the Chief Judicial Magistrate, Nanded, for appropriate relief. The High Court recorded the withdrawal and ordered the writ petition to be disposed of as withdrawn, granting the petitioner liberty to initiate suitable proceedings in the lower court. The court clarified that all issues raised in the writ petition could be raised in the pending criminal applications before the magistrate. Consequently, the writ petition and any pending criminal applications were dismissed.

Issues considered

What is the effect of a petitioner's voluntary withdrawal of a criminal writ petition?
Can the petitioner pursue the same relief in a lower court after withdrawing the writ petition?

Subjects

criminal writ petition
withdrawal
procedural law
jurisdiction
high court

Judgment

2026:BHC-AUG:41103-DB

903 CRIMINAL WRIT PETITION NO. 1057 OF 2026

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

903 CRIMINAL WRIT PETITION NO. 1057 OF 2026

Aafiya Khazi Nafe
Versus
The State Of Maharashtra And Others
__________________________________________________________
• Adv. G. S. Kalve h/f. Ghatge Mahesh V. for the
Petitioner
• Mr. G. A. Kulkarni, A.P.P. for State
• Adv. Ravi R. Bangar h/f. Adv. I. D. Maniyar for
intervenor in Cri. Appln. 3401/2026
__________________________________________________________

WITH
CRIMINAL APPLICATION NO. 3401 OF 2026
IN WP/1057/2026
...

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

DATE : SEPTEMBER 02, 2026

PER COURT :

1) Learned advocate Ms. G. S. Kalve, holding for

Mr. Ghatge, learned counsel for the petitioner, has placed

on record withdrawal pursis filed by the petitioner, stating

that she does not wish to proceed with the present matter.

The same is taken on record and marked “X” for

identification.

2) Accordingly, the Criminal Writ Petition stands

disposed of as withdrawn, with liberty to the petitioner to
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903 CRIMINAL WRIT PETITION NO. 1057 OF 2026

take out appropriate proceedings as permissible in law.

Pending criminal applications, if any, also stand disposed

of.

Later on at 02.30 p.m. -

3) Learned advocate Ms. G. S. Kalve, holding for

Mr. Ghatge, learned counsel for the petitioner, seeks

withdrawal of the present petition, stating that the

petitioner has already availed of the remedy of filing

appropriate proceedings before the learned Chief Judicial

Magistrate, Nanded. In view of the same, the Criminal Writ

Petition stands disposed of as withdrawn. Pending

criminal applications, if any, also stand disposed of. It is

made clear that all the points raised in the present petition

can be agitated in the said proceedings.

(VAISHALI PATIL-JADHAV) (SANDIPKUMAR C. MORE)
JUDGE JUDGE

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