Bombay High Court
MICHAEL GABRIELversusTHE STATE OF MAHARASHTRA AND ORS
- Decided
- Disposal
- Allowed To be withdrawn
Holding
The court allowed the petitioner to withdraw the writ petition and granted liberty to seek an alternate remedy.
Summary
Petitioner Michael Gabriel filed a writ petition in the Bombay High Court seeking relief. He later applied for leave to withdraw the petition, requesting liberty to pursue an alternative legal remedy. The petitioner’s counsel, Ms. Shweta Rathod, moved the court for this withdrawal. The court examined whether such a withdrawal could be permitted and whether liberty to approach another forum could be granted. Finding no impediment, the court granted leave to withdraw and allowed the petitioner to seek an alternate remedy. Consequently, the writ petition was disposed of as withdrawn, and the related interim application was also dismissed.
Issues considered
- Whether the petitioner may be permitted to withdraw the writ petition and be granted liberty to pursue an alternative remedy
Subjects
- withdrawal of writ petition
- alternate remedy
- criminal appellate jurisdiction
- Bombay High Court
Judgment
sbw 3-wp-110-2021+.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO.110 OF 2021
WITH
INTERIM APPLICATION NO.189 OF 2021
Michael Gabriel … Petitioner
V/s.
The State of Maharashtra & Ors. … Respondents
Ms. Shweta Rathod i/by Elixir Legal Services for the Petitioner.
Mr. Ashish I. Satpute, APP for the Respondent-State.
Mr. J.S. Kini a/w Mr. Aum Kini and Mr. Parth Kini i/by Sapna Krishnappa
for the Intervenor.
PSI D.R. Ghanvat, Pairavi Officer, Parksite Police Station, present.
CORAM : A. S. GADKARI AND
KAMAL KHATA, JJ.
DATE : 7th September, 2026
P.C.:-
1) Learned Advocate for the Petitioner, on instructions, seeks leave
to withdraw Petition with liberty to avail alternate remedy, as may be
permissible in law.
1.1) Leave and liberty granted.
Digitally signed
by SANDHYA
SANDHYA BHAGU
BHAGU WADHWA
WADHWA Date:
2026.09.09
09:55:43 +0530
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sbw 3-wp-110-2021+.doc
2) Disposed off as withdrawn with aforesaid liberty.
3) In view of the disposal of the Petition, Interim Application filed
therein is accordingly disposed off.
(KAMAL KHATA, J.) (A.S. GADKARI, J.)
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