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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Allowed To be withdrawn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 Consequently, the petition was withdrawn and the matter was disposed of.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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