Bombay High Court
BIKASH KUMAR SINGHversusTHE CENTRAL BUREAU OF INVESTIGATION ACB, MUMBAI
- Decided
- Disposal
- Disposed Off
Holding
A petitioner may be allowed to withdraw a writ petition if the Court is satisfied that an alternative remedy is available, and liberty may be granted to pursue that remedy.
Summary
The petitioner, Bikesh Kumar Singh, filed a writ petition in the Bombay High Court seeking relief against the Central Bureau of Investigation and the State. The petitioner later moved the Court for permission to withdraw the petition, requesting liberty to pursue an alternative remedy under the BNSS for the return of property. The Court examined whether a petitioner may be allowed to withdraw a writ petition and simultaneously be granted liberty to approach another forum. It held that a petitioner can be permitted to withdraw the petition provided the Court is satisfied that an alternative remedy exists. Accordingly, the Court granted leave to withdraw the petition with liberty to avail the alternate remedy. The petition was then disposed of as withdrawn.
Issues considered
- Whether a petitioner may be permitted to withdraw a writ petition and be granted liberty to pursue an alternative remedy under the BNSS
Subjects
- withdrawal of writ petition
- alternate remedy
- BNSS
- high court procedure
- criminal appellate jurisdiction
Judgment
DTG 24-Wp-2006-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO. 2006 OF 2026
Bikesh Kumar Singh … 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. Ajay S. Patil, 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2) Disposed off as withdrawn with aforesaid liberty.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
GHUMNAR
TULSHIRAM
GHUMNAR
1/1
Date: 2026.09.08
15:21:53 +0530
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