Bombay High Court
HARNISH CHANDERLAL PARASWANI AND ORSversusTHE STATE OF MAHARASHTRA AND ANR
- Decided
- Disposal
- Disposed Off
- Bench
- ASHWIN D BHOBE
Holding
The Court allowed the petitioners to withdraw the writ petition with liberty to file a fresh petition.
Summary
The petitioners filed a writ petition seeking the quash of FIR No. 45 of 2026 registered at Kashimira Police Station and a stay on further investigation. They later requested to withdraw the petition, seeking liberty to file a fresh petition if a chargesheet is filed and cognizance taken. The respondent's Assistant Public Prosecutor did not object to the withdrawal. The Court, after noting the request and the lack of objection, granted leave to withdraw the petition. Consequently, the writ petition was disposed of as withdrawn.
Issues considered
- Whether a writ petition seeking quash of an FIR and stay of investigation can be withdrawn by the petitioners.
Subjects
- quash FIR
- withdrawal of petition
- criminal procedure
- writ petition
- stay of investigation
Judgment
18-WP-1580-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO. 1580 OF 2026
Harnish Chanderlal Paraswani And Ors. … Petitioners
V/S.
The State Of Maharashtra And Anr. … Respondents
__________________________________________________________
Mr. Hitesh Shah a/w Roshni Singh, for the Petitioners.
Mr. Sukanta Karmakar, APP for the Respondent – State.
PSI Sandeep Shinde, Crime Branch, is present.
__________________________________________________________
CORAM : ASHWIN D. BHOBE, J.
DATE : 8th April, 2026.
P.C. :
1. By the present Petition, the Petitioners have sought for the
following reliefs in terms of prayer clause (a), (b) and (c):-
a) FIR No. 45 of 2026 is registered with
Kashimira Police Station, Tal. Vasai, Dist. Thane,
may be quashed.
b) It is further prayed that during the
pendency of the present petition, the further
investigation and proceedings arising out of the
abovementioned FIR may be stayed in the interest
of justice.
c) Any other alternative remedy which this
Hon’ble Court may deem fit in the interest of
justice.
Arjun 1
18-WP-1580-2026.doc
2. After having heard the matter for some time, Mr. Hitesh
Shah, learned Advocate for the Petitioners, on instructions from
the Petitioners, craves leave to withdraw the present Petition with
liberty to file a fresh Petition in the event chargesheet is filed and
cognizance is taken by the Court.
3. Request made by Mr. Hitesh Shah, learned Advocate for the
Petitioners is not objected to by Mr. Sukanta Karmakar, learned
APP for the Respondent – State.
4. In view of the statement made by Mr. Hitesh Shah, learned
Advocate and the no objection by Mr. Sukanta Karmakar, learned
APP, leave granted to withdraw the present Petition with liberty as
prayed.
5. Writ Petition No. 1580 of 2026 is disposed of as withdrawn.
(ASHWIN D. BHOBE, J.)
Digitally
signed by
ARJUN
ARJUN KRISHNA
KRISHNA RODGE
RODGE Date:
2026.04.09
21:47:21
+0530
Arjun 2
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