Bombay High Court

DILIP BHASKAR BHINGARDE AND ORS.versusUNION OF INDIA AND ORS.

Decided: 23 January 2026
Disposal: Allowed To be withdrawn
Bench: A S GADKARI SHYAM C CHANDAK

Holding

Leave to withdraw the criminal writ petition was granted, and the petition was disposed of as withdrawn.

Summary

The petitioners filed a criminal writ petition challenging an ongoing trial. After the trial had commenced, their counsel, Mr. Ujwal Agandsurve, applied for leave to withdraw the petition. The High Court considered whether such a withdrawal could be permitted post‑commencement of trial. The Court granted leave to withdraw, holding that the petition could be withdrawn even after trial began. Consequently, the petition was disposed of as withdrawn.

Issues considered

Whether leave to withdraw a criminal writ petition may be granted after the trial has already begun

Subjects

criminal procedure
withdrawal of petition
writ petition
high court

Judgment

                   P. H. Jayani                                              19 WP2617.2014.doc


                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        CRIMINAL APPELLATE JURISDICTION

                                    CRIMINAL WRIT PETITION NO. 2617 OF 2014

                   Dilip Bhaskar Bhingarde and Ors.                   …. Petitioners
                          v/s.
                   Union of India and Ors.                            …. Respondents
                                      ________________________________

                   Mr. Ujwal Agandsurve for the Petitioners.
                   Mr. Vinod Chate, APP for the Respondent – State.
                                      ________________________________

                                                   CORAM: A.S. GADKARI AND
                                                          SHYAM C. CHANDAK, JJ.

                                                   DATED : 23rd JANUARY, 2026.
                   P. C. :-

                   1)             As the trial of the present crime has already began,

                   Mr. Agandsurve, learned Advocate appearing for the Petitioners seeks leave

                   to withdraw Petition.

                   1.1)           Leave granted.

                   2)             Disposed off as withdrawn.



                          (SHYAM C. CHANDAK, J.)                   (A.S. GADKARI, J.)


 PREETI
 HEERO
 JAYANI
Digitally signed
by PREETI
HEERO JAYANI
Date: 2026.02.03
15:23:51 +0530




                                                                                         1/1

Continue reading with your account

Checking your session…