Bombay High Court
SUMIT JAINversusTHE CENTRAL BUREAU OF INVESTIGATION ACB, MUMBAI AND ANR
- Decided
- Disposal
- Disposed Off
Holding
The Court granted leave to the petitioner to withdraw the writ petition and to pursue an alternative remedy under the BNSS.
Summary
Petitioner Sumit Jain filed a writ petition in the Bombay High Court seeking the return of property and invoking an alternative remedy under the BNSS. The petition was opposed by the Central Bureau of Investigation and the State. The petitioner, through counsel, requested permission to withdraw the petition while retaining the liberty to pursue the BNSS remedy. The Court considered whether such withdrawal could be permitted. It granted leave to withdraw the petition and allowed the petitioner to seek the alternative remedy. The petition was subsequently marked as withdrawn.
Issues considered
- Whether the petitioner may be permitted to withdraw the writ petition and retain the liberty to pursue an alternative remedy under the BNSS for the return of property
Subjects
- withdrawal of petition
- writ petition
- property return
- BNSS
- Bombay High Court
- criminal appellate jurisdiction
Judgment
DTG 13-Wp-1995-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO. 1995 OF 2026
Sumit Jain … Petitioner
V/s.
The Central Bureau Of Investigation & Anr. … Respondents
_______________________________________
Mr. Aditya Talpade a/w Mr. Prajwal Padole i/b Mr. Pratik Karande for the
Petitioner.
Mr. Kuldeep Patil a/w Ms. Yukta Sawant, Mr. Sumitkumar Nimbalkar and Mr.
Anay Joshi for Respondent No.1-C.B.I.
Mr. Ajay S. Patil, A.P.P. for Respondent No.2-State.
_______________________________________
CORAM : A. S. GADKARI AND
KAMAL KHATA, JJ.
DATE : 1st September 2026
P.C. :
1) Learned counsel for Petitioner on instructions seeks leave to
withdraw Petition with liberty to avail alternate remedy under the provisions
of the BNSS, for return of the property.
1.1) Leave and liberty granted.
2) Disposed off as withdrawn with aforesaid liberty.
( KAMAL KHATA, J. ) ( A.S. GADKARI, J. )
Digitally signed
by
DNYANESHWAR DNYANESHWAR
TULSHIRAM TULSHIRAM
GHUMNAR GHUMNAR
Date: 2026.09.08
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15:14:51 +0530
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