Bombay High Court

NIKHIL DILIP PATIL AND ORS.versusTHE STATE OF MAHARASHTRA AND ANR.

Disposal: Allowed
Bench: SANDESH D PATIL

Holding

The Court allowed the withdrawal of the writ petition and granted liberty to file a fresh petition.

Summary

The petitioners filed Criminal Writ Petition No. 275 of 2026 in the Bombay High Court. While the petition was pending, the investigating agency filed a chargesheet against the petitioners. The petitioners then moved the Court seeking permission to withdraw the writ petition and to file a fresh petition incorporating the chargesheet and new grounds. The Court considered whether a writ petition could be withdrawn after a chargesheet had been filed and whether liberty could be granted to file a fresh petition. It held that the petition could be withdrawn and liberty could be granted for filing a fresh petition. Accordingly, the writ petition was disposed of as withdrawn.

Issues considered

Whether a criminal writ petition may be withdrawn after a chargesheet is filed
Whether the petitioner may be granted liberty to file a fresh petition incorporating the chargesheet

Subjects

withdrawal of writ petition
chargesheet
criminal procedure
fresh petition
high court

Judgment

                                                       100-WP-275-2026 (CR).doc




           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CIRCUIT BENCH AT KOLHAPUR
                  CRIMINAL APPELLATE JURISDICTION

              CRIMINAL WRIT PETITION NO. 275 OF 2026
Nikhil Dilip Patil & Ors.                  .....Petitioners
      Vs.
The State of Maharashtra & Anr..           .....Respondents
                                    .....
Mr. Aditya S Raktade, for the Petitioners.

Ms. Snehal Bhirao Gurav, for the Respondent No.2.

Mr. Shriram Chaudhari, A.P.P., for the Respondent-State.
                                    .....
                                    CORAM: SANDESH D. PATIL, J.
                                    DATED: 2nd JULY 2026.
P. C. :

1.          Learned Counsel appearing for the Petitioners submits that
during pendency of the Petition chargesheet is filed. He seeks to
withdraw the Writ Petition with liberty to file a fresh Petition after
annexing the chargesheet as well as taking grounds and making
necessary prayers. Leave granted to withdraw this Petition with liberty
as prayed for.


2.        Accordingly, Writ Petition No.275 of 2026 is disposed of as
withdrawn.




                                         (SANDESH D. PATIL, J.)



Manisha                           1

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