Bombay High Court

LAXMI MANDHAWANI AND ANR.versusPOLICE INSPECTOR AND ORS.

Decided: 18 April 2026
Disposal: Disposed Off
Bench: A S GADKARI KAMAL KHATA

Holding

The petition is withdrawn with liberty to file an application under Section 173(8) of the Cr.P.C.

Summary

The petitioners, Laxmi Mandhawani and others, filed a writ petition seeking leave to withdraw the petition and obtain liberty to file an application under Section 173(8) of the Criminal Procedure Code before the trial court. The High Court examined whether such withdrawal with the said liberty could be permitted. The Court granted the leave and liberty, ordering the petition to be withdrawn. Consequently, the pending criminal applications numbered 388, 389, and 390 of 2019 were also dismissed as they could not survive the withdrawal. The order effectively closed the proceedings in the High Court.

Issues considered

Whether a writ petition can be withdrawn with liberty to file an application under Section 173(8) of the Criminal Procedure Code

Legislation cited

Code of Criminal Procedure, 1973 — s. 173(8)

Subjects

withdrawal of petition
Section 173(8)
Criminal Procedure Code
High Court
disposal of applications

Judgment

DTG                                                          286-wp-1850-2018.doc



               IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                      CRIMINAL APPELLATE JURISDICTION

                       WRIT PETITION NO. 1850 OF 2018
                                   WITH
                    CRIMINAL APPLICATION NO. 388 OF 2019
                                   WITH
                    CRIMINAL APPLICATION NO. 389 OF 2019
                                   WITH
                    CRIMINAL APPLICATION NO. 390 OF 2019

Laxmi Mandhawani & Ors.                                 … Petitioners
       V/s.
Police Inspector & Ors.                                 … Respondents
                    _______________________________________
Mr. Gaurav Ugale i/b Mr. Shriram Kulkarni for Petitioners.
Mr. Raj Nagre i/b Jacinta D’Silva for Intervenor in APPW No. 388/2019.
Mr. D.P. Singh for Respondent Nos. 4 and 5.
Mr. J.P. Yagnik, A.P.P. for Respondent-State.
                    _______________________________________
                             CORAM : A. S. GADKARI AND
                                        KAMAL KHATA, JJ.
                             DATE    : 18th April 2026
P.C. :

1)           Learned counsel for Petitioner on instructions seeks leave to

withdraw Petition with liberty to file an Application under Section 173(8) of the

Cr.P.C. before the trial Court, if so advised.

1.1)         Leave and liberty granted.

2)           Petition is disposed off as withdrawn with aforesaid liberty.

3)           In view of disposal of Petition, Criminal Application Nos. 388 of

2019, 389 of 2019 and 390 of 2019 pending therein, do not survive and are

accordingly disposed off.


             ( KAMAL KHATA, J. )                   ( A.S. GADKARI, J. )

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