Bombay High Court
MANOHAR JAGANNATH JADHAVversusSTATE OF MAHARASHTRA AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The petition is disposed of as withdrawn.
Summary
The petitioner, Manohar Jagannath Jadhav, filed a criminal writ petition alleging an offence under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, but the complaint did not contain any utterances that would attract the Act. The petitioner’s counsel later expressed a desire to withdraw the petition and instead pursue a complaint under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The Court examined the petition, noted the lack of requisite material for the SC/ST Act, and accepted the petitioner’s request to withdraw. Consequently, the petition was disposed of as withdrawn, with the Court leaving open any future remedy under the BNSS. No substantive merits of the original allegation were decided.
Issues considered
- Whether the complaint alleged facts sufficient to constitute an offence under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.
- Whether the petitioner may withdraw the criminal writ petition and pursue a remedy under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Legislation cited
Subjects
- Scheduled Castes and Scheduled Tribes Act
- withdrawal of petition
- criminal writ petition
- Bharatiya Nagarik Suraksha Sanhita
- hybrid hearing
- section 175(3)
Judgment
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO.2427 OF 2026
Manohar Jagannath Jadhav .. Petitioner
Vs.
The State of Maharashtra,
Through the Home Department and Ors. .. Respondents
Mr. Tanveer Patel (through V.C.), i/by Mr. Asif Chaware, Advocates for
the Petitioner.
Ms. Pallavi N. Dabholkar, APP for the Respondent-State of Maharashtra.
CORAM : RAVINDRA V. GHUGE, ACJ. &
GAUTAM A. ANKHAD, J.
DATE : 27th July, 2026.
[ THROUGH HYBRID HEARING ]
P.C. :
1. We have heard the learned Advocate for the Petitioner for
quite some time. We have perused the complaint on the basis of which
the Petitioner alleges an offence under the provisions of the Scheduled
Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.
There is no mention of any utterances in the complaint shown to us, that
would invite the provisions of the 1989 Act, for constituting an offence.
2. The learned Advocate for the Petitioner submits on
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12-WP-2427-2026.odt Dixit
instructions that the Petitioner desires to withdraw this Petition and
intends to file a complaint under Section 175(3) of the Bharatiya Nagarik
Suraksha Sanhita, 2023.
3. In view of the above statement, this Petition is disposed off
as withdrawn on instructions. If the Petitioner avails of a remedy under
the provisions of the B.N.S.S., all contentions of all the parties are kept
open.
[ GAUTAM A. ANKHAD, J. ] [ ACTING CHIEF JUSTICE ]
Digitally
signed by
SNEHA SNEHA
ABHAY DIXIT
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ABHAY Date:
12-WP-2427-2026.odt Dixit
DIXIT 2026.07.28
16:48:07
+0530
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