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Bombay High Court

VIJAY K. SAWANTversusSENIOR POLICE INSPECTOR AND ORS

Disposal
Disposed off as Withdrawn

Holding

The Court granted permission to withdraw the writ petition and allowed the petitioner liberty to file a fresh application before the Judicial Magistrate First Class.

Summary

The petitioner, Vijay K. Sawant, filed a criminal writ petition seeking relief against Senior Police Inspector and others. He later approached the Court requesting permission to withdraw the petition and to file a fresh application or complaint before the Court of Judicial Magistrate First Class. The Court, after hearing counsel, granted the petitioner's request, allowing the withdrawal and permitting a fresh filing. Consequently, the writ petition was disposed of as withdrawn. The Court also ordered that all contentions of both parties remain open for consideration in any subsequent proceedings.

Issues considered

  • Whether a petitioner may be permitted to withdraw a criminal writ petition and file a fresh complaint before a Judicial Magistrate.

Subjects

  • withdrawal of writ petition
  • criminal procedure
  • fresh complaint
  • judicial magistrate
  • procedural law

Judgment

                                                                                             2-WP-1356-2014 (CR).docx


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

                                                     CRIMINAL APPELLATE JURISDICTION

                                                    CR. WRIT PETITION NO. 1356 OF 2014

                              Vijay K. Sawant                                         … Petitioner
                                                     Versus
                              Senior Police Inspector And Ors                         … Respondents



                                                             ——————
                              Mr. Niranjan A. Mogre (Through V.C.) for the Petitioner.
                              Mr. Shriram S. Chaudhari, A.G.P. for the Respondent-State.
                              PC/438 Mr. S.T. Shinde, Kankavli Police Station, present.
                                                             ——————

                                                     Coram :      MRS. VRUSHALI V. JOSHI &
                                                                  RANJITSINHA RAJA BHONSALE, JJ.

                                                     Date     :   18th March 2026.

                              P. C. :

                              1.        Learned counsel for the Petitioner, on instructions, seeks permission to

                              withdraw the Petition with liberty to file a fresh application/complaint before

                              the Court of Judicial Magistrate First Class. Permission granted.

                              2.        Writ Petition stands disposed of as withdrawn with aforesaid liberty.

                              3.        All contentions of both the parties are kept open.



                              [ RANJITSINHA RAJA BHONSALE, J. ]               [ MRS. VRUSHALI V. JOSHI, J. ]
           Digitally signed
           by OMKAR
           SHIVAHAR
OMKAR      KUMBHAKARN
SHIVAHAR
KUMBHAKARN Date:
                              osk                                   1 of 1
           2026.03.25
           15:27:50
           +0530


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