Bombay High Court
HANUMANT MOHAN SHELKE AND ORSversusTHE STATE OF MAHARASHTRA AND ANR
- Decided
- Disposal
- Allowed To be withdrawn
Holding
The High Court may permit withdrawal of a writ petition and grant liberty to file discharge applications before the trial court.
Summary
The petitioners, Hanumant Mohan Shelke & Ors., filed a writ petition in the Bombay High Court challenging the State of Maharashtra. They later sought leave to withdraw the petition and requested liberty to file applications for discharge before the trial court. The Court examined its authority to allow such withdrawal and to grant the requested liberty. Exercising its inherent powers to manage proceedings, the Court granted leave to withdraw and expressly permitted the petitioners to file discharge applications. Consequently, the petition was withdrawn and the matter was disposed of.
Issues considered
- Whether the High Court can grant leave to withdraw a writ petition and provide liberty to file applications for discharge before the trial court?
Subjects
- writ petition
- withdrawal
- criminal appellate jurisdiction
- procedural law
- discharge application
Judgment
DTG 87-Wp-280-2020.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO. 280 OF 2020
Hanumant Mohan Shelke & Ors. … Petitioners
V/s.
The State of Maharashtra & Anr. … Respondents
_______________________________________
Adv. Abhilasha Pawar i/b Mr. Vivek Arote for Petitioners.
Mr. Ashish I. Satpute, A.P.P. for Respondent-State.
_______________________________________
CORAM : A. S. GADKARI AND
KAMAL KHATA, JJ.
DATE : 31st July 2026
P.C. :
1) Learned counsel for Petitioners on instructions seeks leave to
withdraw Petition with liberty to file Application(s) for discharge before the
trial Court.
1.1) Leave and liberty granted.
2) Disposed off as withdraw with aforesaid liberty.
( KAMAL KHATA, J. ) ( A.S. GADKARI, J. )
Digitally signed
by
DNYANESHWAR DNYANESHWAR
TULSHIRAM TULSHIRAM
GHUMNAR GHUMNAR
Date: 2026.08.06
19:13:34 +0530
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