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Bombay High Court

SACHIN SUHASRAO LINGRASversusSTATE OF MAHARASHTRA AND ANR

Disposal
Disposed off as Withdrawn

Holding

The Court granted leave to withdraw and disposed of the writ petition as withdrawn.

Summary

The petitioner, Sachin Suhasrao Lingras, filed a criminal writ petition seeking to quash an order dated 30/07/2024 passed by the Judicial Magistrate First Class, Gargoti, in Summary Criminal Case No.74 of 2017, and to stay the proceedings. The petition also requested interim reliefs. Subsequently, the petitioner’s counsel, Mr. Piyush Toshnival, applied for unconditional withdrawal of the writ petition, a request that was not opposed by the State’s APP, Mr. C.D. Mali, or the respondent’s counsel, Mr. Shailesh D. Chavan. The Court, after noting the unopposed request, granted leave to withdraw the petition. Consequently, the writ petition was disposed of as withdrawn. No substantive merits of the original reliefs were adjudicated.

Issues considered

  • Whether a petitioner may be allowed to unconditionally withdraw a pending criminal writ petition
  • Whether the court may grant leave to withdraw when the request is unopposed

Subjects

  • writ petition
  • withdrawal
  • criminal appellate jurisdiction
  • summary criminal case
  • quash order
  • stay of proceedings
  • court discretion

Judgment

                                                                                22 - CR WP - 1336 - 2025.docx


                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        CIRCUIT BENCH AT KOLHAPUR
       Digitally
       signed by
                                      CRIMINAL APPELLATE JURISDICTION
       VAIBHAV
VAIBHAV RAMESH
RAMESH JADHAV
JADHAV Date:
       2026.09.07
       19:46:24
                                   CRIMINAL WRIT PETITION NO. 1336 OF 2025
       +0530



                    Sachin Suhasrao Lingras                                … Petitioner
                                V/s.
                    State of Maharashtra & Anr.                            … Respondents

                    Mr. Piyush Toshnival (through V.C.) i/by Mr. Ashish Pawar
                    for the Petitioner.
                    Mr. C.D. Mali, APP for the State.
                    Mr. Shailesh D. Chavan with V. S. Kapse and Sujit B. Nikam
                    for the Respondent.



                                                       CORAM         : ASHWIN D. BHOBE, J.

                                                       DATED         : SEPTEMBER 7, 2026
                    P.C.:


                    1.      Heard Mr. Piyush Toshnival, learned Advocate for the Petitioner,

                    Mr. C. D. Mali, learned APP for the State, and Mr. Shailesh D. Chavan,

                    learned Advocate for the Respondent.


                    2.      By the present Petition, the Petitioner has sought for the following

                    substantive relief:

                            “a)     This Hon’ble court be pleased to issue appropriate Writ, Order and/or
                            Direction and quash and set aside the impugned order dt.30/07/2024 passed
                            by the Ld. Judicial Magistrate First Class, Gargoti, below Exh.82 in Summary
                            Criminal Case No.74 of 2017 and allow the application at Exh.82 filed by the
                            Petitioner.

                            b)     During the pendency and final disposal of the present petition, this
                            Hon’ble Court be pleased to stay the entire proceedings of Summary Criminal
                            Case No.74 of 2017 pending before the Ld. Judicial Magistrate First Class,
                            Gargoti, in the interest of justice.



                    VRJ                                                                                    1
                                                           22 - CR WP - 1336 - 2025.docx


      c)     Ad-interim reliefs in terms of prayer clause (b) above be granted.

      d)    Any other reliefs be granted as this Hon’ble Court deems fit, proper
      and adequate in the interest of justice.”



3.    Mr. Piyush Toshnival, learned Advocate for the Petitioner, seeks

leave to unconditionally withdraw the present Writ Petition. This

request is not opposed by Mr. C. D. Mali, learned APP for the State, and

Mr. Shailesh D. Chavan, learned Advocate for the Respondent.


4.    In view of the statement made by Mr. Piyush Toshnival, learned

Advocate for the Petitioner, leave is granted to withdraw the present

Petition.


5.    Writ Petition No. 1336 of 2025 stands disposed of as withdrawn.




                                                (ASHWIN D. BHOBE, J.)




VRJ                                                                                   2


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