Bombay High Court

SUBHASH S/O. BALWANTRAO KADAMversusTHE STATE OF MAHARASHTRA

Disposal: Withdrawn
Bench: Y G KHOBRAGADE

Holding

The petition is disposed of as withdrawn.

Summary

The petitioner, Subhash, filed a criminal writ petition (No. 1794 of 2019) before the Bombay High Court, Aurangabad Bench, challenging an action of the State of Maharashtra. The petitioner later sought leave from the court to withdraw the petition. The court, after hearing the counsel, allowed the withdrawal and disposed of the petition as withdrawn. The judgment also noted that if the petitioner later invokes Section 341 of the Criminal Procedure Code, the limitation period for that remedy remains open. No substantive merits of the original petition were addressed.

Issues considered

Whether a criminal writ petition may be withdrawn by the petitioner after filing
Effect of withdrawal on any pending limitation period under CrPC Section 341

Legislation cited

Code of Criminal Procedure, 1973 — s. 341

Subjects

criminal writ petition
withdrawal of petition
section 341 CrPC
limitation period
high court procedure

Judgment

2026:BHC-AUG:3172

                                                                      911wp1794-19

                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                     911 CRIMINAL WRIT PETITION NO. 1794 OF 2019

                               Subhash S/o. Balwantrao Kadam
                                          VERSUS
                                  The State Of Maharashtra
                                             ...
              Mr. Hande Avinash D., Advocate for the Petitioner
              Mr. S. S. Dande,APP for Respondent

                                  CORAM     : Y. G. KHOBRAGADE, J.
                                  Dated     : 23rd January, 2026

              PER COURT :-
              1.       On instructions, the learned counsel for the petitioner

              seeks leave to withdraw the petition. Accordingly, the petition is

              disposed of as withdrawn.


              2.       In case the petitioner invokes section 341 of Criminal

              Procedure Code, the point of limitation is kept open.




                                                      ( Y. G. KHOBRAGADE, J. )
   JPChavan




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