Bombay High Court

MOINUDDIN ISMAIL MOMINversusTHE SENIOR INSPECTOR OF POLICE AND ANR

Decided: 16 September 2026
Disposal: Allowed To be withdrawn

Holding

The Court allowed the petition to be withdrawn and granted the petitioner liberty to file a private complaint.

Summary

Petitioner Moinuddin Ismail Momin filed a writ petition challenging actions of the Senior Inspector of Police. He sought permission to withdraw the petition and instead lodge a private criminal complaint, invoking the Supreme Court's guidelines in M. Subramaniam v. S. Janaki. The High Court examined whether such withdrawal with liberty to file a private complaint is permissible. Relying on the precedent, the Court granted the petitioner's request, allowing the withdrawal and the filing of a private complaint. The petition was consequently marked as withdrawn.

Issues considered

Whether a petitioner may be granted leave to withdraw a writ petition and be given liberty to file a private criminal complaint under the principles laid down in M. Subramaniam v. S. Janaki

Subjects

writ petition
withdrawal
private complaint
criminal procedure
Supreme Court precedent

Judgment

                     DTG                                                           8-Wp-2784-2025.doc



                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                            CRIMINAL APPELLATE JURISDICTION

                                             WRIT PETITION NO. 2784 OF 2025

                     Moinuddin Ismail Momin                                      … Petitioner
                               V/s.
                     The Senior Inspector Of Police & Anr.                       … Respondents
                                         _______________________________________

                     Mr. Imran Sheikh a/w Adv. Ruby Shaikh for Petitioner.

                     Mr. Ashish I. Satpute, A.P.P. for Respondent-State.

                     Ms. Sonali Ghadge, PSI, BKC Police Station, Mumbai, present.
                                    _______________________________________

                                                  CORAM : A. S. GADKARI AND
                                                          KAMAL KHATA, JJ.
                                                  DATE  : 16th September 2026

                     P.C. :

                     1)               Learned Advocate for Petitioner on instructions seeks leave to

                     withdraw Petition with liberty to file a private complaint, as per the

                     principles of law enunciated by the Hon’ble Supreme Court in the case of M.

                     Subramaniam & Anr. Vs. S. Janaki & Anr., reported in (2020) 16 SCC 728.

                     1.1)             Leave and liberty granted.

                     2)               Disposed off as withdrawn with aforesaid liberty.




                                      ( KAMAL KHATA, J. )                  ( A.S. GADKARI, J. )
            Digitally signed
            by
DNYANESHWAR DNYANESHWAR
TULSHIRAM   TULSHIRAM
GHUMNAR     GHUMNAR
            Date: 2026.09.22
            10:49:51 +0530                                                                              1/1

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