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Bombay High Court

ROHIT BHUPATRAY ADHYARU AND OTHERversusSTATE OF MAHARASHTRA AND OTHER

Decided
Disposal
Disposed Off

Holding

Leave to withdraw the petition was granted with liberty to avail the alternate remedy.

Summary

The petitioners, Rohit Bhupatray Adhyaru and others, filed a writ petition seeking leave to withdraw the petition and to avail an alternate remedy as indicated by the Supreme Court in M. Subramaniam & Anr. v. S. Janaki & Anr. The High Court, after hearing the petitioners' counsel, granted leave and liberty to withdraw the petition and to pursue the alternate remedy. No substantive merits of the original petition were considered. The petition was consequently disposed of as withdrawn. The order was pronounced by Justices A.S. Gadkari and Kamal Khata on 22 September 2026.

Issues considered

  • Whether the petitioners may be granted leave to withdraw the writ petition
  • Whether the petitioners may be given liberty to pursue an alternate remedy as per the Supreme Court precedent

Subjects

  • withdrawal of petition
  • writ petition
  • alternate remedy
  • criminal appellate jurisdiction
  • high court order

Judgment

                          apn                                                   49-criwp-1305-2026.doc




                                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                             CRIMINAL APPELLATE JURISDICTION

                                              WRIT PETITION NO. 1305 OF 2026


                     Rohit Bhupatray Adhyaru and Ors.                             … Petitioners

                                V/s.

                     State of Maharashtra & Anr.                                  … Respondents


                     Mr. Girish Kulkarni, Senior Advocate, a/w Mr. K. Pandey and Mr. Khan
                     Javed Akhtar for the Petitioners.
                     Smt. P. P. Shinde, APP, for the Respondent-State.


                                                         CORAM :      A. S. GADKARI AND
                                                                      KAMAL KHATA, JJ.
                                                            DATE :    22nd September, 2026
        Digitally
                     P.C.:-
        signed by
        ASHWINI
ASHWINI PRASAD
PRASAD NARHIRE
NARHIRE Date:
        2026.09.28
                     1)                Mr. Girish Kulkarni, learned Senior Advocate for the Petitioners
        14:11:01
        +0530

                     on instructions seeks leave to withdraw the Petition with liberty to avail

                     alternate remedy as enunciated by the Hon’ble Supreme Court in the case

                     of M. Subramaniam & Anr. Vs. S. Janaki & Anr. reported in (2020) 16 SCC

                     728.

                     1.1)              Leave and liberty granted.

                     2)                Disposed off as withdrawn with aforesaid liberty.



                                  (KAMAL KHATA, J.)                    (A.S. GADKARI, J.)

                                                                                                         1/1


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