Bombay High Court
SAGAR WALU KARDELversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed To be withdrawn
Holding
The Court allowed the petition to be withdrawn with liberty to impugn the order dated 1 July 2025.
Summary
The petitioner, Sagar Walu Kardel, filed a writ petition seeking leave to withdraw the petition while retaining the right to challenge the order dated 1 July 2025 passed by the Single Judge in Sessions Case No. 137 of 2023. The petition invoked Article 227 of the Constitution and Section 482 of the Code of Criminal Procedure as the basis for such liberty. The High Court examined whether the petitioner could be allowed to withdraw the petition and simultaneously be permitted to impugn the lower‑court order. The Court granted the requested leave and liberty, allowing the petition to be withdrawn but preserving the right to challenge the order. Consequently, the petition was disposed of as withdrawn.
Issues considered
- Whether a petitioner may be granted leave to withdraw a writ petition while retaining the liberty to impugn the impugned order under Article 227 of the Constitution and Section 482 of the CrPC.
Subjects
- withdrawal of petition
- Article 227
- Section 482
- Criminal appellate jurisdiction
- High Court
Judgment
Sbw 3-wp-1231-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO.1231 OF 2026
Sagar Walu Kardel … Petitioner
V/s.
The State of Maharashtra … Respondent
Mr. Kuldeep U. Nikam i/by Akshay Bankapur for the Petitioner.
Mr. Ajay S. Paptil, APP, for the Respondent-State.
CORAM : A. S. GADKARI AND
KAMAL KHATA, JJ.
DATE : 31st August, 2026.
P.C.:-
1) Learned Advocate for the Petitioner on instructions seeks leave
to withdraw Petition with liberty to impugn the Order dated 1 st July, 2025
passed below Exhibit ‘13’ in Sessions Case No.137 of 2023 before the
learned Single Judge of this Court either under Article 227 of the
Constitution of India or Section 482 of the Code of Criminal Procedure.
1.1) Leave and liberty granted.
2) Disposed off as withdrawn with aforesaid liberty.
(KAMAL KHATA, J.) (A.S. GADKARI, J.)
Digitally signed
by SANDHYA
SANDHYA BHAGU
BHAGU WADHWA
WADHWA Date:
2026.09.02
1/1
19:53:14 +0530
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