Bombay High Court
MAHESH SINGH JATversusTHE CENTRAL BUREAU OF INVESTIGATION AND ANR
- Decided
- Disposal
- Disposed Off
Holding
The Court granted leave to withdraw the petition with liberty to avail an alternate remedy under the BNSS.
Summary
Mahesh Singh Jat filed a writ petition before the Bombay High Court seeking the return of property, alleging that the Central Bureau of Investigation (CBI) and the State were involved. The petitioner, through counsel, requested permission to withdraw the petition while retaining the right to pursue an alternative remedy under the BNSS for the property’s return. The Court examined whether such a withdrawal with liberty to seek another remedy was permissible. It granted the petitioner's request, allowing the withdrawal and affirming the liberty to approach the appropriate forum under the BNSS. Consequently, the petition was formally disposed of as withdrawn.
Issues considered
- Whether a petitioner may be permitted to withdraw a writ petition while retaining the liberty to pursue an alternative remedy under the BNSS.
Subjects
- petition withdrawal
- alternate remedy
- BNSS
- property return
- criminal appellate jurisdiction
Judgment
DTG 20-Wp-2002-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO. 2002 OF 2026
Mahesh Singh Jat … 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2) Disposed off as withdrawn with aforesaid liberty.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
GHUMNAR GHUMNAR
Date: 2026.09.08
15:20:33 +0530 1/1
Checking your session…