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The Court allowed the petition to be withdrawn and granted liberty to seek an alternate remedy under the BNSS.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 The Court granted the leave and liberty, and the petition was disposed of as withdrawn.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2) Disposed off as withdrawn with aforesaid liberty.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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