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Bombay High Court

CHAVGONDA ANNA PATILversusDR. PRAKASH GIRDHARLAL KESHWANI AND ANR

Disposal
Disposed Off

Holding

The Court granted leave to withdraw the petition and dismissed it as withdrawn.

Summary

Petitioner Chavgonda Anna Patil filed a criminal writ petition (No. 1125 of 2020) in the Bombay High Court seeking to quash two lower court judgments dated 11 September 2019 and 29 November 2017. The petition alleged illegality and impropriety in those judgments and requested the court to set them aside. After the petition was taken up for hearing, the petitioner, through counsel Mr. Umakant V. Waghmare, applied for unconditional withdrawal of the petition. The State, represented by Mr. C.D. Mali, did not oppose the withdrawal. The Court, after considering the request, granted leave to withdraw and dismissed the writ petition as withdrawn.

Issues considered

  • What is the procedure for withdrawing a criminal writ petition after it has been filed?
  • Whether the court can permit unconditional withdrawal of the petition without hearing on the merits.

Subjects

  • writ petition
  • criminal revision
  • withdrawal of petition
  • procedural law
  • High Court

Judgment

                                                       909-ii-WP-1125-2020 (CR).docx


            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIRCUIT BENCH AT KOLHAPUR

                   CRIMINAL APPELLATE JURISDICTION

                   CR. WRIT PETITION NO. 1125 OF 2020

Chavgonda Anna Patil                                   …...Petitioner
                    Versus
Dr. Prakash Girdharlal Keshwani & Anr.                 …...Respondents


                                  ——————
Mr. Umakant V. Waghmare for Petitioner.
Mr. C.D. Mali, A.P.P. for the Respondent No.2-State.
                                  ——————

                                 Coram :       ASHWIN D. BHOBE, J.

                                 Date      :   30th September 2026.

PER COURT :


1.    This petition is taken up for hearing in continuation of the order passed

in the morning session.


2.    Mr. Umakanth Wagmare, learned Advocate for the Petitioner, states

that the Petitioner, Chavgonda Anna Patil, is present in Court. Mr. Umakanth

Wagmare, learned Advocate for the Petitioner identifies the Petitioner. He

states that the Petitioner has instructed him to continue to appear in this

Petition.




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                                                                                 909-ii-WP-1125-2020 (CR).docx


                         3.    By this petition, the Petitioner has sought the following substantive

                         reliefs as contained in prayer clauses (A) and (B).

                                “A.   After examining legality, validity and propriety of the impugned
                                      Judgment and Order dated 11th September, 2019 passed by the
                                      Additional Sessions Judge, 4th Kolhapur, below Exh.24, this Hon'ble
                                      Court be pleased to quash and set aside the same and may kindly be
                                      allowed Criminal Revision Application No.7 of 2018;

                                B.    This Hon'ble Court be pleased to quash and set aside the impugned
                                      Judgment and Order dated 29th November, 2017 passed by Ld.
                                      Judicial Magistrate First Class, Kolhapur below Exhibit 39 and 42 in
                                      Summary Criminal Case No.1441 of 2013;”



                         4.    Mr. Umakanth Wagmare, learned Advocate for the Petitioner, on

                         instructions from the Petitioner, seeks leave to unconditionally withdraw this

                         Petition.


                         5.    Mr. C.D. Mali, learned A.P.P. for the Respondent No.2-State, does not

                         oppose the request made by Mr. Umakanth Wagmare, learned Advocate for

                         the Petitioner.


                         6.    In view of the statement made by Mr. Umakanth Wagmare, learned

                         Advocate for the Petitioner, leave is granted to withdraw this Petition.


                         7.    The Writ Petition No. 1125 of 2020 stands dismissed as withdrawn.


           Digitally signed
           by OMKAR
           SHIVAHAR
OMKAR      KUMBHAKARN
SHIVAHAR
KUMBHAKARN Date:
                                                                 [ ASHWIN D. BHOBE, J. ]
           2026.09.30
           20:36:14
           +0530




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