Bombay High Court
MANASI INAMDARversusSTATE OF MAHARASHTRA AND ANR
- Decided
- Disposal
- Disposed Off
- Bench
- ASHWIN D BHOBE
Holding
The Court granted leave to withdraw the writ petition with liberty to file a discharge application later.
Summary
Manasi Inamdar filed a criminal writ petition seeking to quash FIR No. 0385/2023 registered for offences under Sections 279 and 337 of the IPC. The State informed the Court that the investigation was complete and a chargesheet had been filed. The petitioner, through counsel, requested permission to withdraw the writ petition and instead file an application for discharge at the trial court stage. The State did not oppose the request. The Court granted leave to withdraw the petition, directing that any future discharge application be considered on its merits, and disposed of the writ petition.
Issues considered
- Whether a petitioner may withdraw a criminal writ petition and seek a discharge application before the trial court.
Legislation cited
- Indian Penal Code, 1860 — s. 279, 337
Subjects
- quash FIR
- withdrawal of writ petition
- criminal procedure
- IPC 279
- IPC 337
Judgment
44-WP 1924 of 2024.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
VAISHALI
ANIL
TIKAM CRIMINAL WRIT PETITION NO.1924 OF 2024
Digitally signed
by VAISHALI
ANIL TIKAM
Date:
2026.01.30
Manasi Inamdar … Petitioner
11:21:47 +0530
V/s.
State of Maharashtra and Anr. … Respondents.
---
Mr. Amol Mhatre a/w. Ms. Sonal Dabholkar i/b. Mr. Sameer
Mhatre, Advocates for the Petitioner.
Mr. Prasanna Malshe, APP for the State.
HD 06185 L.B. Belkar, Vasai Police Station.
---
CORAM : ASHWIN D. BHOBE, J.
DATE : 28th JANUARY, 2026
P.C. :
1. By the present Petition, the Petitioner has sought for
the following substantive relief in prayer clause 16(a):
"16(a) Quash and set aside the FIR registered by the
Respondent no.2 with Vasai Police Station on 5.12.2023
bearing no. 0385 for offences punishable under Sec. 279
and 337 of IPC."
2. Mr. Malshe, learned APP for the State, on instructions
from the Investigation Officer Mr. L.B. Belkar, Vasai Police Station,
Tikam 1
44-WP 1924 of 2024.odt
submits that the investigation is complete and the chargesheet in
FIR No. 0385/2023 is filed on 26/12/2025 before the Court
having jurisdiction.
3. In view of the statement of the Mr. Malshe, learned
APP for the State, Mr. Amol Mhatre, learned Advocate for the
Petitioner, on instructions from the Petitioner, craves leave to
withdraw the present Petition with liberty to file an application for
discharge before the trial Court at the appropriate stage.
4. Request not objected to by the learned APP for the
State.
5. In view of the above, leave granted to withdraw the
present Petition with liberty as prayed. If any such application is
filed before the trial Court, the same be considered on its own
merits and in accordance with law.
6. Criminal Writ Petition No. 1924 of 024 is disposed of
in the aforesaid terms.
7. All contentions of the parties are kept open.
(ASHWIN D. BHOBE, J.)
Tikam 2
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