Bombay High Court

VINAYKUMAR NARAYAN DESHPANDEversusTHE STATE OF MAHARASHTRA AND ORS

Decided: 9 September 2026
Disposal: Allowed To be withdrawn

Holding

The Court granted leave to withdraw the writ petition and permitted the petitioner to pursue the pending private complaint.

Summary

The petitioner, Vinaykumar Narayan Deshpande, a senior citizen, filed a writ petition seeking leave to withdraw the petition and to pursue a private criminal complaint (RCC No.5311 of 2022) pending before the 6th Joint Civil Judge & JMFC, Pune. The petitioner’s counsel requested that the court grant liberty to withdraw the writ petition and to continue the private complaint. The Court examined whether it could permit the withdrawal and found no impediment to doing so. Accordingly, the Court granted leave to withdraw the petition and expressly allowed the petitioner to pursue the pending private complaint. The petition was thereafter disposed of as withdrawn, with a request to the magistrate to expedite the pending complaint.

Issues considered

Whether the petitioner may be granted leave to withdraw the writ petition and continue the pending private criminal complaint

Subjects

withdrawal of writ petition
private criminal complaint
senior citizen
criminal appellate jurisdiction
expedited hearing

Judgment

sns 32-wp-2736-2026.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

WRIT PETITION NO.2736 OF 2026

Vinaykumar Narayan Deshpande … Petitioner

V/s.

The State of Maharashtra & Ors. … Respondents

Mr. Samarth Shrikant Karmarkar a/w. Adv. Tarun Shrivastava, Adv. Adarsh
Mishra for the Petitioner.
Smt. Madhavi H. Mhatre, APP, for the Respondent-State.

CORAM : A. S. GADKARI AND
KAMAL KHATA, JJ.
DATE : 9th September, 2026

P.C.:-

1) Learned Advocate for the Petitioner on instructions seeks leave

to withdraw Petition with liberty to pursue the private complaint filed by

the Petitioner bearing RCC No.5311 of 2022 pending on the file of 6 th Joint

Civil Judge (J.D.) & JMFC Pune.

1.1) Leave and liberty granted.

2) Disposed off as withdrawn with aforesaid liberty.

3) As the complaint filed by the Petitioner, who is a senior citizen,

is pending on the file of learned 6 th Joint Civil Judge (J.D.) & JMFC, Pune,

Digitally
signed by
1/2
SUMEDH
SUMEDH NAMDEO
NAMDEO SONAWANE
SONAWANE Date:
2026.09.17
09:37:08
+0530
sns 32-wp-2736-2026.doc

we request the learned Magistrate to expedite the hearing of the said

complaint and dispose it off preferably on or before 31 st December, 2026.

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

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