Bombay High Court

SHAHISTA MOIN SHEIKHversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: Withdrawn
Bench: SANDIPKUMAR C MORE ABASAHEB D SHINDE

Holding

The petition may be withdrawn and disposed of, with liberty granted to the petitioner to file a protest petition against the summary report.

Summary

The petitioner, Shahista Moin Sheikh, filed a criminal writ petition challenging a ‘B’ summary report filed by the Investigating Officer. During the hearing, the petitioner’s counsel sought to withdraw the petition, requesting liberty to file a protest petition against the summary report. The Court considered the request and the procedural propriety of allowing withdrawal with liberty to re‑file. No substantive discussion on the merits of the summary report was made. Consequently, the Court ordered that the petition stand withdrawn and be disposed of, granting the petitioner liberty to file a protest petition. The order was pronounced by Judges Sandipkumar C. More and Abasaheb D. Shinde.

Issues considered

What is the appropriate procedure for withdrawing a criminal writ petition while preserving the right to file a protest petition against a summary report?

Subjects

criminal procedure
writ petition
withdrawal
protest petition
summary report
court order

Judgment

                                    (1)
                                               919- Cri. W. P. 1604-2025.odt
          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     BENCH AT AURANGABAD

        CRIMINAL WRIT PETITION NO. 1604 OF 2025

                   SHAHISTA MOIN SHEIKH
                             VERSUS
        THE STATE OF MAHARASHTRA AND OTHERS
                                ...
Advocate for the Petitioner : Mr. I. Siddique h/f
                    Adv. Naseembanu Iliyas Deshmukh
APP for Respondent/State: Mrs. Bharati B. Gunjal
                               ...

                   CORAM :       SANDIPKUMAR C. MORE AND
                                 ABASAHEB D. SHINDE, JJ.

                   DATED :        JANUARY 13, 2026

ORDER:-

1.     After arguing for sometime, the learned counsel for the

petitioner seeks withdrawal of the present petition with liberty to file

protest petition against the ‘B’ summary report filed by the

Investigating Officer in this matter.

2.     In view of the same, the petition stands withdrawn and disposed

of with liberty as aforesaid.



(ABASAHEB D. SHINDE)                    (SANDIPKUMAR C. MORE)
        JUDGE                                   JUDGE

YSK/

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