Bombay High Court

SANTOSH DASHRATH PATILversusTHE STATE OF MAHARASHTRA

Decided: 7 September 2026
Disposal: Allowed To be withdrawn

Holding

Leave to withdraw the writ petition and file a private complaint was granted.

Summary

Santosh Dashrath Patil filed a writ petition in the Bombay High Court seeking relief against the State of Maharashtra. The petitioner, through counsel, requested permission to withdraw the petition and instead lodge a private complaint before a Judicial Magistrate, invoking the Supreme Court's guidelines in M. Subramaniam & Anr. v. S. Janaki & Anr. (2020) 16 SCC 728. The Court examined whether the petitioner could be granted leave to withdraw and pursue a private complaint under the established jurisprudence. It held that the petitioner was entitled to such liberty, provided the procedural requirements were met. Consequently, the writ petition was disposed of as withdrawn, and the petitioner was permitted to file the private complaint.

Issues considered

Whether a petitioner may be granted leave to withdraw a writ petition and file a private complaint before a Judicial Magistrate under the principles laid down by the Supreme Court.

Subjects

criminal procedure
private complaint
withdrawal of writ petition
Supreme Court precedent
High Court order

Judgment

                           Sbw                                                  19-WP-2074-2026.doc

                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                            CRIMINAL APPELLATE JURISDICTION

                                              WRIT PETITION NO.2074 OF 2026

                      Santosh Dashrath Patil                               … Petitioner

                               V/s.

                      The State of Maharashtra                             … Respondent




                      Mr. Amit A. Katarnawale a/w Mr. Aditya A. Katarnawale for the Petitioner.
                      Smt. Madhavi H. Mhatre, APP, for the Respondent-State.
                      API Eknath Paulhudhe, Manpada Police Station, Dombivali (East), present.


                                                        CORAM :      A. S. GADKARI AND
                                                                     KAMAL KHATA, JJ.
                                                           DATE :    7th September, 2026

                      P.C.:-

                      1)              Learned Advocate for the Petitioner on instructions seeks leave

                      to withdraw the Petition with liberty to file a private complaint before the

                      Judicial Magistrate in accordance with the principles of law enunciated by

                      the Hon’ble Supreme Court in the case of M.Subramaniam & Anr. v/s.

                      S.Janaki & Anr. reported in (2020) 16 SCC 728.

                      1.1)            Leave and liberty granted.

                      2)              Disposed off as withdrawn with aforesaid liberty.



                                 (KAMAL KHATA, J.)                    (A.S. GADKARI, J.)

SANDHYA
BHAGU
WADHWA                                                                                                1/1
Digitally signed by
SANDHYA BHAGU
WADHWA
Date: 2026.09.16
15:22:51 +0530

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