Bombay High Court
SHAIKH TAYYAB FAKIRA PATELversusTHE STATE OF MAHARASHTRA
- Disposal
- Withdrawn
Holding
The writ petition is dismissed as withdrawn, with liberty granted to the petitioner to move an application before the Sessions Court.
Summary
Petitioner Shaikh Tayyab Fakira Patel filed a criminal writ petition seeking transfer of the criminal proceedings against him. The High Court, after hearing counsel, expressed disinclination to grant the transfer. On the court's direction, the petitioner, through his counsel, withdrew the petition and requested permission to file an application before the Sessions Court for leave to cross‑examine the Investigating Officer. The petitioner gave an undertaking that the cross‑examination would be completed promptly if leave is granted. The Court accepted the undertaking and disposed of the writ petition as withdrawn, granting the petitioner liberty to move the said application before the Sessions Court.
Issues considered
- What is the appropriate procedure for withdrawing a criminal writ petition?
- Whether the High Court can permit the petitioner to seek leave for cross‑examination before the Sessions Court after withdrawal of the writ petition.
Subjects
- criminal writ petition
- transfer of proceedings
- withdrawal of petition
- cross‑examination
- Sessions Court
Judgment
2026:BHC-AUG:42306
14-CRWP-1380-26.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL WRIT PETITION NO. 1380 OF 2026
Shaikh Tayyab Fakira Patel ..PETITIONER
VERSUS
State of Maharashtra ..RESPONDENT
....
Mr. R.T. Wakale, Advocate for petitioner
Mr. S.B. Narwade, A.P.P. for respondent - State
....
CORAM : R.M. JOSHI, J.
DATE : 15th SEPTEMBER, 2026
PER COURT :
1. After hearing learned counsel for the sides, when this Court shown
disinclination to grant relief, in so far as transfer of proceeding is concerned,
learned counsel for the petitioner, on instructions, seeks withdrawal of the
petition. He further seeks indulgence of this Court by permitting the petitioner
to move an application before the learned Sessions Court, seeking leave to
cross-examine the Investigating Officer. He further assures this Court that in
case said leave is granted by the learned Sessions Court without any further
delay, cross-examination would be completed.
2. His statement is accepted as an undertaking. Criminal writ petition
is disposed of as withdrawn with liberty as prayed for.
( R.M. JOSHI, J. )
SSD
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