Bombay High Court

SUMIT SAMPAT KAMBLEversusTHE STATE OF MAHARASHTRA AND ORS

Disposal: Disposed off as Withdrawn

Holding

The Court granted leave to withdraw the petition and dismissed it as withdrawn.

Summary

The petitioner, Sumit Sampat Kamble, filed a writ petition in the Bombay High Court seeking the quash of an order dated 19 June 2023 passed by a learned magistrate in Criminal Miscellaneous Application No.42 of 2023. The petition alleged that the impugned order was illegal, invalid and improper. After the petition was listed, the petitioner, through counsel, requested an unconditional withdrawal of the writ petition. The respondent State did not oppose the withdrawal. The Court, after noting the petitioner's request and the lack of opposition, granted leave to withdraw the petition. Consequently, the writ petition was dismissed as withdrawn.

Issues considered

Whether a writ petition filed in the High Court can be withdrawn unconditionally at the petitioner's request.
Whether the Court should grant leave to withdraw the petition in the absence of any opposition.

Subjects

withdrawal of writ petition
high court procedure
criminal miscellaneous application
quash order
procedural law

Judgment

                                                                502-WP-1260-2025.doc


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

                        CRIMINAL APPELLATE JURISDICTION

                         WRIT PETITION NO.1260 OF 2025


Sumit Sampat Kamble                                    …...Petitioner
               Versus
The State of Maharashtra & Ors.                      ...…Respondents

                                   ____________
Mr. Sujit B. Nikam i/b Mr. A. T. Gade, Advocate for the Petitioner.
Dr. Ashvini A. Takalkar, A.P.P. for the Respondent-State.
                                   ——————

                                    Coram :     ASHWIN D. BHOBE, J.
                                    Date :      30th September 2026.

PER COURT :


1.       This Petition is circulated pursuant to the Praecipe dated 30.09.2026,

which is marked with “X” for identification. In view of the request made by

Mr. Sujit Nikam, learned Advocate for the Petitioner, this Petition is ordered

to be placed on today’s production list.


2.       By this Petition, the Petitioner has sought the following substantive

relief in terms of prayer clause (a), which is transcribed verbatim.

            “(a) That this Honble Court be pleased to pass an order calling of
            record of proceedings regarding the impugned order dated


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                                                                  502-WP-1260-2025.doc


            19.06.2023    passed    by    Learned    Magistrate    in   Criminal
            Miscellaneous Application No.42 of 2023 and after examining its
            legality validity and propriety be pleased to quash and set aside the
            same Criminal Miscellaneous Application be allowed.”


3.       Mr. Sujit Nikam, learned Advocate for the Petitioner, on instructions

from the Petitioner, seeks to unconditionally withdraw the present Petition.

This request is not opposed by Dr. Takalkar, learned APP for the State.


4.       In view of the statement made by Mr. Sujit Nikam, learned Advocate

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


5.       Writ Petition No.1260 of 2025 is dismissed as withdrawn.




                                           [ ASHWIN D. BHOBE, J. ]




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