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Bombay High Court

AMIT KUMAR MEENAversusTHE CENTRAL BUREAU OF INVESTIGATION AND ANR

Decided
Disposal
Disposed Off

Holding

Leave to withdraw a writ petition may be granted, with liberty to avail an alternate remedy.

Summary

The petitioner, Amit Kumar Meena, filed a writ petition in the Bombay High Court seeking relief against the CBI and the State. He later moved the Court for leave to withdraw the petition, requesting liberty to pursue an alternate remedy under the BNSS for the return of property. The Court examined whether such leave could be granted. It held that the petitioner was entitled to withdraw the petition and was duly permitted to seek the alternative remedy. Consequently, the petition was disposed of as withdrawn with the liberty granted.

Issues considered

  • Whether the petitioner may be granted leave to withdraw the writ petition and be given liberty to pursue an alternate remedy under the BNSS.

Subjects

  • withdrawal of petition
  • writ petition
  • criminal appellate jurisdiction
  • BNSS
  • property recovery
  • court discretion

Judgment

                                 DTG                                                          26-Wp-2008-2026.doc



                                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                                       CRIMINAL APPELLATE JURISDICTION

                                                         WRIT PETITION NO. 2008 OF 2026


                                 Amit Kumar Meena                                           … 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
              15:22:25 +0530
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