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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Withdrawn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The writ petition is dismissed as withdrawn, with liberty granted to the petitioner to move an application before the Sessions Court.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 The Court accepted the undertaking and disposed of the writ petition as withdrawn, granting the petitioner liberty to move the said application before the Sessions Court.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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