Bombay High Court

MASOOD AZIZ MUNNAWAR AND ORS.versusSTATE OF MAHARASHTRA AND ANR.

Disposal: Allowed To be withdrawn

Holding

The Court held that a petition may be withdrawn on the petitioner's request and dismissed as withdrawn.

Summary

Petitioners Masood s/o Aziz Munnawar and others filed a writ petition in the Bombay High Court challenging actions of the State of Maharashtra. While the petition was pending, evidence commenced in the underlying criminal proceedings. The petitioners, through their counsel, applied to the Court for leave to withdraw the petition. The Court examined the request and found no impediment to allowing the withdrawal. Accordingly, the Court accepted the petitioners' statement and dismissed the petition as withdrawn. No substantive merits of the petition were addressed.

Issues considered

Whether a writ petition may be withdrawn after the commencement of evidence in the underlying criminal case
Whether the Court must grant leave to withdraw a petition upon the petitioner's request

Subjects

withdrawal of petition
writ petition
criminal appellate jurisdiction
procedural law
high court

Judgment

                                                                        3-WP-1631-2023 (CR).odt




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

                          WRIT PETITION NO. 1631 OF 2023

Masood s/o Aziz Munnawar and others                        ]     Petitioners

           versus

The State of Maharashtra and another                       ]     Respondents

                                     ...
Mr. Vikrant Vishwanath Phatate, Advocate for Petitioners.
Ms. Mahalakshmi Ganapathy, Addl. P.P, for Respondent No.1 – State.
Mr. Sachin Hande (through V.C.), for Respondent No.2.
                                     ...

                                        CORAM : ABHAY J. MANTRI, J.
                                        DATE  : SEPTEMBER 4, 2026
PER COURT :

1.                  Learned Advocate for the Petitioners submits that he has

received instructions that evidence has commenced in the matter. He,

therefore, on instructions, seeks leave to withdraw the Petition. His statement

is accepted.

2.                  In view of the statement, the Petition is dismissed as withdrawn.




                                                          (ABHAY J. MANTRI, J.)




Shailaja                                                                            Page 1 of 1

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