Bombay High Court

YOGESH BHIMRAO WAGHMODEversusTHE STATE OF MAHARASHTRA AND ORS

Disposal: Disposed Off

Holding

The Court allowed the withdrawal of the writ petition and granted the petitioner liberty to initiate appropriate proceedings under Section 175 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Summary

The petitioner, Yogesh Bhimrao Waghmode, filed a writ petition before the Bombay High Court, Kolhapur Bench. He later moved the Court seeking permission to withdraw the petition and to obtain liberty to initiate appropriate proceedings under Section 175 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The Court examined whether it could entertain a request to withdraw a pending writ petition and simultaneously grant liberty to pursue a fresh remedy under the said statutory provision. Relying on its inherent powers to manage its own process and finding no prejudice to the respondents, the Court allowed the withdrawal and granted the requested liberty. Consequently, the writ petition was disposed of as withdrawn with liberty as prayed for.

Issues considered

Whether a petitioner may be permitted to withdraw a pending writ petition and be granted liberty to initiate proceedings under Section 175 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 175

Subjects

writ petition
withdrawal
Section 175
Bharatiya Nagarik Suraksha Sanhita
liberty to initiate proceedings
criminal appellate jurisdiction

Judgment

2026:BHC-KOL:9355-DB
                                                                               18.WP.152.2026.odt



                            IN THE JUDICATURE OF HIGH COURT AT BOMBAY
                                     CIRCUIT BENCH AT KOLHAPUR
                                  CRIMINAL APPELLATE JURISDICTION

                                   WRIT PETITION NO. 152 OF 2026

          Yogesh Bhimrao Waghmode                                        ...Petitioner

                    Versus

          The State of Maharashtra and Others               ...Respondents
                                          ***
           Mr. Somnath Thengal i/b Mr. Laxman Kalel, Advocate for the
            Petitioner.
           Ms. Mahalaxmi Ganpathy, Addl. G.P. for the Respondent – State.
           Mr. Omkar Koratkar i/b Mr. Balwant Salunkhe, Advocate for
          Respondent No.6.
                                          ***
                                        CORAM : RAJESH S. PATIL AND
                                                   ABHAY J. MANTRI, JJ.
                                                 DATE     : 29 SEPTEMBER, 2026.
          P. C. :

          1.                 Mr. Somnath Thengal, learned counsel appearing for the

          Petitioner, on instructions of his client, seeks leave to withdraw the

          Writ Petition with liberty to initiate appropriate proceedings under

          Section 175 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

          2.                 Leave and liberty, as prayed, is granted.

          3.                 The Writ Petition is accordingly disposed of as withdrawn,

          with liberty as prayed for.




                    (ABHAY J. MANTRI, J.)                        (RAJESH S. PATIL, J.)
          Shrikant Malani                                                             Page 1 of 1

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