Bombay High Court
SUDHIR POPATLAL KOTAKversusTHE STATE OF MAHARASHTRA AND ORS
- Decided
- Disposal
- Allowed To be withdrawn
Holding
The writ petition was withdrawn with liberty to file a Section 173(8) application, and the criminal application did not survive the disposal.
Summary
The petitioner, Sudhir Popatlal Kotak, filed a writ petition after the police had already filed a charge‑sheet. He sought leave to withdraw the petition and instead file an application under Section 173(8) of the Criminal Procedure Code for further investigation. The Court granted the leave, allowing the petitioner to withdraw the writ petition and to pursue the Section 173(8) application before the trial court. Consequently, the writ petition was disposed of as withdrawn. Since the writ petition was disposed, the accompanying criminal application (No. 303 of 2017) was also deemed not to survive and was disposed of. The order was pronounced by Justices A.S. Gadkari and Kamal Khata.
Issues considered
- Whether the petitioner may withdraw the writ petition and seek relief under Section 173(8) of the CrPC
- Effect of the disposal of the writ petition on the pending criminal application No. 303 of 2017
Legislation cited
- Code of Criminal Procedure, 1973 — s. 173(8)
Subjects
- writ petition
- withdrawal
- Section 173(8)
- Criminal Procedure Code
- charge-sheet
- High Court
Judgment
KSG 43-WP-2053-2017.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO. 2053 OF 2017
Sudhir Popatlal Kotak … Petitioner
V/s.
The State Of Maharashtra & Ors … Respondents
WITH
CRIMINAL APPLICATION NO.303 OF 2017
IN
WRIT PETITION NO. 2053 OF 2017
Gold Plaza Developers Pvt. Ltd. & Ors … Interveners
In the matter between :
Sudhir Popatlal Kotak … Petitioner
V/s.
The State Of Maharashtra & Ors … Respondents
_______________________________________
Digitally
signed by
KIRAN
KIRAN SANJAY
SANJAY GHUGE
GHUGE 2026.04.23
Date: Mr. Kunal Ambolkar, for the Petitioner.
15:47:49
+0530
Mr. J.P. Yagnik, A.P.P. for Respondent No.1-State.
_______________________________________
CORAM : A. S. GADKARI AND
KAMAL KHATA, JJ.
DATE : 18th APRIL 2026
P.C. :
1) As the police have already filed charge-sheet, learned Advocate
for the Petitioner, on instructions seeks leave to withdraw Petition with
liberty to file an Application under Section 173(8) of Criminal Procedure
Code, 1973, before the trial Court to seek relief of further investigation.
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KSG 43-WP-2053-2017.doc
1.1) Leave and liberty granted.
2) Disposed off as withdrawn with aforesaid liberty.
3) In view of disposal of Writ Petition, Criminal Application No.303
of 2017, does not survive and is also disposed off.
( KAMAL KHATA, J. ) ( A.S. GADKARI, J. )
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