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Bombay High Court

VINOD VASANT GHATAGE AND ANRversusTHE STATE OF MAHARASHTRA AND ANR

Disposal
Disposed off as Withdrawn

Holding

The court allowed the withdrawal of the writ petition and permitted the filing of a fresh petition.

Summary

The petitioners, Vinod Vasant Ghatage and another, filed a criminal writ petition challenging the filing of a charge-sheet. After the charge-sheet was filed, they sought the court's permission to withdraw the existing petition and to file a fresh petition incorporating the charge-sheet and related averments. The learned counsel for the petitioners argued that withdrawal was necessary to align the pleadings with the newly filed charge-sheet. The court considered whether it could permit the withdrawal of a writ petition at this stage. It granted the petitioners' request, allowing them to withdraw the present petition and to file a fresh one, and consequently disposed of the writ petition.

Issues considered

  • Whether the court may permit the withdrawal of a criminal writ petition after the charge-sheet has been filed

Subjects

  • withdrawal of petition
  • writ petition
  • criminal procedure
  • charge-sheet

Judgment

                                                                                       925-WP-218-2022.doc




          Digitally signed
                                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
          by HARISH
HARISH
VITHAL
          VITHAL
          CHAUDHARI
                                            CIRCUIT BENCH AT KOLHAPUR
CHAUDHARI Date:
          2026.08.04
          12:22:23 +0530
                                          CRIMINAL APPELLATE JURISDICTION

                                          CR. WRIT PETITION NO. 218 OF 2022

                     Vinod Vasant Ghatage And Anr                              ...Petitioners
                          Versus
                     The State Of Maharashtra And Anr                          ...Respondents
                                                                …..
                     Mr. Siyal F. Magdum i/b Mr. Umesh R. Mankapure for the Petitioners.
                     Mr. S. S. Chaudhari, APP for the Respondent No. 1-State.
                                                                …..

                                                       CORAM : SANDESH D. PATIL, J.
                                                        DATED : 31st JULY, 2026.
                     P. C. :

                     1.        Learned Counsel appearing for the Petitioners, states that the charge-

                     sheet has been filed in the matter. He seeks permission to withdraw the

                     present Petition, with liberty to file a fresh Petition annexing the charge-sheet

                     and making the necessary corresponding averments.

                     2.        Permission is granted to withdraw the Petition, with liberty to file a

                     fresh Petition.

                     3.        The Writ Petition is DISPOSED OF accordingly.



                                                                          (SANDESH D. PATIL, J.)




                     Harish                                 1


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