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 The petition was consequently disposed of as withdrawn.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2) Disposed off as withdrawn with aforesaid liberty.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.)
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