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Bombay High Court

REKHA RAJENDRA SINGHAVI, PROP./AUTH SIGNA HARI TEXTILESversusKAVITA ENTERPRISES PROP. SOU. KAVITA DAULTCHAND DAGA

Disposal
Disposed off as Withdrawn

Holding

The petition was allowed to be withdrawn and was disposed of as withdrawn.

Summary

Rekha Rajendra Singhavi filed a criminal writ petition seeking to quash an order dated 15-10-2025 passed by the JMFC in S.C.C. No. 2041/2017 and to direct issuance of summons to the ICICI Bank manager. The petitioner, through counsel Himanshu Pujari, later sought leave to withdraw the petition, stating that the merits of the underlying case would remain open. The respondent's counsel, Dr. A. A. Takalkar, did not oppose the withdrawal. The Court, after noting the petitioner's request and the lack of opposition, granted leave to withdraw the petition. Consequently, the writ petition was disposed of as withdrawn.

Issues considered

  • What is the appropriate procedural course when a petitioner seeks to withdraw a criminal writ petition after filing reliefs?

Subjects

  • writ petition
  • criminal appellate jurisdiction
  • withdrawal
  • quash order
  • procedural law

Judgment

                                                          501-WP-140-2026.doc



        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CIRCUIT BENCH AT KOLHAPUR
              CRIMINAL APPELLATE JURISDICTION
                 WRIT PETITION NO. 140 OF 2026
Rekha Rajendra Singhavi,
Prop./Auth Signa Hari Textiles                      … Petitioner
      Versus
Kavita Enterprises Prop. Sou.
Kavita Daultchand Daga                           … Respondent
__________________________________________________________
Mr. Himanshu Pujari i/b Irfan Jamadar, Advocate for the Petitioner.
Dr. A. A. Takalkar, APP for the Respondent – State.
Mr. Mahesh Mane, Solapur Rural
 __________________________________________________________
                          CORAM : ASHWIN D. BHOBE, J.
                            DATE : 24th August, 2026.
P.C. :
1.      This Petition is circulated pursuant to the praecipe dated

24.08.2026. In view of the urgency expressed by Mr. Himanshu

Pujari, learned Advocate for the Petitioner, this Petition was

ordered to be placed on “Production Board.”


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

following substantive relief in terms of prayer clause (a) and (b):-


          (a)      Quash and set aside the order dated 15/10/2025
          passed by the Learned JMFC, 3rd Court, Ichalkaranji in
          S.C.C. No. 2041/2017;

          (b)       Allow the application (Exh-119) filed by the
          Petitioner and direct issuance of summons to the Branch


Arjun                            1
                                                                              501-WP-140-2026.doc



                               Manager, ICICI Bank, Ichalkaranji, along with relevant
                               bank records;

                     3.      After having heard the matter for some time, Mr. Himanshu

                     Pujari, learned Advocate for the Petitioner, sought a passover to

                     take instructions from the Petitioner. At his request, this Petition

                     was taken up after some time.


                     4.      Mr. Himanshu Pujari, learned Advocate for the Petitioner,

                     on instructions from the Petitioner, seeks leave to withdraw this

                     Petition. He submits that all the contentions of the Petitioner on

                     merits of the case bearing No. 2041 of 2017 be left open.


                     5.      The request made by Mr. Himanshu Pujari, learned

                     Advocate for the Petitioner, is not opposed by Mr. A. S.

                     Shalgaonkar, learned APP for the Respondent – State.


                     6.      In view of the statement made by Mr. Himanshu Pujari,

                     learned Advocate for the Petitioner, leave is granted to withdraw

                     the present Petition.


                     7.      Criminal Writ Petition No. 140 of 2026 is disposed of as

                     withdrawn.

        Digitally                                                 (ASHWIN D. BHOBE, J.)
        signed by
        ARJUN
ARJUN   KRISHNA
KRISHNA RODGE
RODGE   Date:        Arjun                           2
        2026.08.25
        16:10:15
        +0530


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