Bombay High Court

ASHWANI KUMAR PANDEY @ ASHWINI KUMAR PANDEYversusTHE CENTRAL BUREAU OF INVESTIGATION AND ANR

Decided: 1 September 2026
Disposal: Disposed Off

Holding

The petition is withdrawn with liberty to the petitioner to pursue an alternate remedy under the BNSS.

Summary

The petitioner, Ashwani Kumar Pandey, filed a writ petition seeking leave to withdraw the petition and to pursue an alternate remedy under the BNSS for the return of property. The petitioner’s counsel requested the court’s permission to withdraw and to be allowed to approach the BNSS. The Court granted leave and liberty to the petitioner to avail the alternate remedy. Consequently, the petition was disposed of as withdrawn. No substantive merits of the underlying dispute were addressed.

Issues considered

Whether the petitioner may be granted leave to withdraw the writ petition and seek an alternate remedy under the BNSS for the return of property

Legislation cited

BNSS

Subjects

withdrawal of petition
alternate remedy
property return
criminal appellate jurisdiction
BNSS

Judgment

DTG 17-Wp-1999-2026.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

WRIT PETITION NO. 1999 OF 2026

Ashwani Kumar Pandey @ Ashwini Kumar Pandey … 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.

Ms. M.H. Mhatre, 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2) Disposed off as withdrawn with aforesaid liberty.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
15:17:55 +0530 1/1

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