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Bombay High Court

MOHIT SWAMIversusTHE CENTRAL BUREAU OF INVESTIGATION

Decided
Disposal
Disposed Off

Holding

The Court allowed the petition to be withdrawn and granted liberty to seek an alternate remedy under the BNSS.

Summary

Petitioner Mohit Swami filed a writ petition against the Central Bureau of Investigation seeking the return of property. On instructions, his counsel requested leave to withdraw the petition while seeking liberty to pursue an alternate remedy under the BNSS. The Court granted the leave and liberty, and the petition was disposed of as withdrawn. No substantive merits of the original claim were addressed. The order was signed by Justices A.S. Gadkari and Kamal Khata on 1 September 2026.

Issues considered

  • Whether the Court may grant leave to withdraw a writ petition with liberty to pursue an alternate remedy under the BNSS

Subjects

  • withdrawal of petition
  • alternate remedy
  • property return
  • criminal appellate jurisdiction
  • BNSS

Judgment

                               DTG                                                          14-Wp-1996-2026.doc



                                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                                     CRIMINAL APPELLATE JURISDICTION

                                                       WRIT PETITION NO. 1996 OF 2026

                               Mohit Swami                                                … 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. J.P. Yagnik, 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
                                                                                                                  1/1
            GHUMNAR
GHUMNAR
            Date:
            2026.09.08
            15:15:04 +0530


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