Bombay High Court

DHIRAJ SURESH BOLAKANIversusSTATE OF MAHARASHTRA AND ANR

Decided: 24 March 2026
Disposal: Disposed Off
Bench: ASHWIN D BHOBE

Holding

The Court granted leave to withdraw the criminal writ petition and disposed of it as withdrawn.

Summary

The petitioner, Dhiraj Suresh Bolakani, filed a criminal writ petition seeking to quash the FIR and charge-sheet filed against him for offences under sections 376, 376(2)(n), 504, 506 and 323 of the IPC. During the hearing, the petitioner’s counsel requested leave to withdraw the writ petition and instead file an application for discharge before the trial court. The State’s counsel did not oppose this request. The Court, after noting the request, granted leave to withdraw the writ petition and directed that any discharge application be considered on its own merits before the trial court. Consequently, the writ petition was disposed of as withdrawn.

Issues considered

Whether the criminal writ petition seeking quash of the FIR and charge-sheet should be entertained or allowed to be withdrawn.

Subjects

Criminal Procedure Code
Indian Penal Code
Writ Petition
Withdrawal of Petition
Discharge Application

Judgment

Gitalaxmi                                                            12-WP-1283-2026.doc



                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              CRIMINAL APPELLATE JURISDICTION

                               WRIT PETITION NO. 1283 OF 2026

            Dhiraj Suresh Bolakani                          ...Petitioner

                     Versus

            The State of Maharashtra & Anr.                 ...Respondents
                                         __________

            Mr. Bharat Vasudev Bhatia a/w Ms. Pradnya Sonawane & Ms. Kirti S.
            Kataria, learned Advocates for the Petitioner.

            Mr. Tanveer G. Khan, learned A.P.P. for the State/Respondent.
            PSI Mr. Sham R. Atpalkar attached to Ulhas Nagar Police Station,
            District-Thane is present in the Court.
                                          __________

                                     CORAM : ASHWIN D. BHOBE, J.
                                     DATE : 24th MARCH 2026.

            P.C. :


            1.       Heard Mr. Bharat Bhatia, learned Advocate for the Petitioner
            and Mr. Tanveer Khan, learned A.P.P. for the State/Respondent.


            2.       By the present Petition, the Petitioner has sought for the
            following substantive relief in terms of prayer clause (a) :-


                 “a.     That this Hon’ble Court be pleased to quash and set
                 aside the Charge-sheet and FIR bearing C.R. No. 0389/2025
                 filed in RCC No. 1159 of 2025 registered with Ulhasnagar
                 Police Station, dated 19/04/2025 for offences under section
                 376, 376(2)(n), 504, 506 and 323 of Indian Penal Code,
                 1860.”

            3.       After having heard the matter for sometime, Mr. Bharat
            Bhatia, learned Advocate for the Petitioner, on instructions from the
                                             Page 1 of 2
Gitalaxmi                                                          12-WP-1283-2026.doc


            Petitioner craves leave to withdraw the present Criminal Writ
            Petition with liberty to file an Application seeking discharge before
            the Trial Court at the appropriate stage.


            4.    Request made by Mr. Bharat Bhatia, learned Advocate for the
            Petitioner is not objected by Mr. Tanveer Khan, learned A.P.P. for the
            State/Respondent.


            5.    In view of the statement made by Mr. Bharat Bhatia, leave
            granted to withdraw the present Criminal Writ Petition with liberty
            as prayed for.


            6.    If an Application seeking discharge is filed by the Petitioner
            before the Trial Court at the appropriate stage, the same be
            considered on its own merits and in accordance with law.


            7.    Criminal Writ Petition No. 1283 of 2026 is disposed of as
            withdrawn.




                                                  [ASHWIN D. BHOBE, J.]

                   GITALAXMI
                   KRISHNA
                   KOTAWADEKAR

                   Digitally signed by
                   GITALAXMI KRISHNA
                   KOTAWADEKAR
                   Date: 2026.03.27
                   12:15:29 +0530




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