Bombay High Court

AJAY KUMARversusTHE CENTRAL BUREAU OF INVESTIGATION AND ANR

Decided: 1 September 2026
Disposal: Disposed Off

Holding

The Court granted leave to withdraw the petition, allowing the petitioner to seek an alternate remedy under the BNSS.

Summary

Ajay Kumar filed a writ petition before the Bombay High Court seeking the return of his property, alleging that the Central Bureau of Investigation (CBI) and the State were responsible for its seizure. The petitioner, through counsel, requested permission to withdraw the petition and instead pursue an alternative remedy under the provisions of the BNSS for the property's return. The Court examined whether the petitioner could be allowed to withdraw the writ and seek another statutory remedy. It held that the petitioner was entitled to withdraw the petition, provided he was given liberty to approach the appropriate forum under the BNSS. Accordingly, the Court granted leave to withdraw the petition with the specified liberty. The petition was thereafter disposed of as withdrawn.

Issues considered

Whether a petitioner may be permitted to withdraw a writ petition and pursue an alternative remedy under the BNSS for the return of property.

Subjects

withdrawal of writ petition
alternate remedy
BNSS
property return
Bombay High Court
criminal appellate jurisdiction

Judgment

DTG 19-Wp-2001-2026.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

WRIT PETITION NO. 2001 OF 2026

Ajay Kumar … 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. Ashish I. Satpute, 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2) Disposed off as withdrawn with aforesaid liberty.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
15:18:30 +0530
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