Bombay High Court

RAJENDRASING S/O. JAISING PATIL AND ANRversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: Withdrawn

Holding

The petition stands disposed of as withdrawn, with liberty as prayed for.

Summary

The petitioners, Rajendrasing and another, filed a criminal writ petition seeking relief against the State of Maharashtra. They later applied to withdraw the petition, requesting liberty to initiate appropriate proceedings before the concerned magistrate under Section 156(3) of the Criminal Procedure Code. The Court considered the request and, finding no impediment, allowed the withdrawal and granted the liberty sought. Consequently, the main writ petition was disposed of as withdrawn, and the pending criminal application No. 941 of 2020 was also dismissed. The order reflects the Court's procedural discretion to permit withdrawal of a writ petition with liberty to pursue alternative remedies.

Issues considered

Whether a criminal writ petition may be withdrawn with liberty to approach a magistrate under Section 156(3) of the Cr.P.C.

Legislation cited

Code of Criminal Procedure, 1973 — s. 156(3)

Subjects

withdrawal of writ petition
Section 156(3) CrPC
high court procedure
liberty to approach magistrate
criminal writ petition

Judgment

2026:BHC-AUG:37431-DB

                                                                       917 wp 1887-19 .




                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             BENCH AT AURANGABAD

                   917 CRIMINAL WRIT PETITION NO. 1887 OF 2019
                                      WITH
                       CRIMINAL APPLICATION NO.941 of 2020

                      RAJENDRASING S/O. JAISING PATIL AND ANR
                                         VERSUS
                      THE STATE OF MAHARASHTRA AND OTHERS
                                             ...
          Mr. Bolkar Yogesh B, Advocate for the Petitioners
          Ms. M. N. Ghanekar, APP for Respondent-State
                                            ….

                                  CORAM        :   SANDIPKUMAR C. MORE &
                                                   VAISHALI PATIL-JADHAV, JJ.

                                  Date         :   19/08/2026

          PER COURT :


          1.   Heard.
          2.   Learned counsel for the petitioners, on instructions, seeks
          permission to withdraw the petition with liberty to initiate appropriate
          proceedings before the concerned Magistrate under Section 156(3) of
          the Cr.P.C.
          3.   In view of the above, the petition stands disposed of as
          withdrawn, with liberty as prayed for.
          4.   In view of the disposal of the main petition, the pending Criminal
          Application No.941 of 2020 also stands disposed of.




          [VAISHALI PATIL-JADHAV]                     [SANDIPKUMAR C. MORE]
                       JUDGE                                JUDGE

                  VS Maind/                                         Page|1

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