Created by Fuzzy Cloud

Bombay High Court

AKSHAY SUDHAKAR JADHAVversusTHE STATE OF MAHARASHTRA AND ANR

Disposal
Withdrawn

Holding

The court held that the petitioner may withdraw the petition and is granted liberty to file a fresh petition.

Summary

The petitioner, Akshay Sudhakar Jadhav, filed a criminal writ petition challenging the charge‑sheet. He later sought the court's permission to withdraw that petition and to file a fresh petition on the same issue. The learned counsel for the petitioner requested liberty to withdraw and re‑file. The bench considered whether such a withdrawal with liberty to re‑file could be permitted. Finding no impediment, the court granted the request. Consequently, the original petition was disposed of as withdrawn, with liberty to file a fresh petition as prayed for.

Issues considered

  • Whether the petitioner may be permitted to withdraw the criminal writ petition and be granted liberty to file a fresh petition challenging the charge‑sheet

Subjects

  • withdrawal of petition
  • criminal writ petition
  • charge‑sheet challenge
  • procedural law
  • court discretion

Judgment

2026:BHC-AUG:15689-DB


                                                (1)                     928criwp1661.20

                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       BENCH AT AURANGABAD

                             928 CRIMINAL WRIT PETITION NO. 1661 OF 2020

                                          AKSHAY SUDHAKAR JADHAV
                                                                            ….Petitioner
                                                      VERSUS

                                   THE STATE OF MAHARASHTRA AND ANR
                                                                 …..Respondents

                Mr. Z. H. Farooqui, Advocate h/f Mr. N. V. Gaware, Advocate for the
                petitioner
                Mr. H. V. Tunge, Advocate for the respondent No.
                Mr. V. V. Jahagirdar, APP for the respondents/State

                                           CORAM : RAJNISH R. VYAS, J.
                                             DATE : 10th APRIL, 2026


                PER COURT :

                1.                 Learned advocate for the petitioner seeks permission to

                withdraw the petition with liberty to file afresh challenging the

                charge-sheet.

                2.               Permission is granted.

                3.               Accordingly, the petition is disposed off as withdrawn

                with liberty as prayed for.




                                                          [RAJNISH R. VYAS, J. ]

                VishalK/928criwp1661.20




                                                                                     1 of 1


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.