Bombay High Court
DADASAHEB KUSHABAPU PAWARversusTHE STATE OF MAHARASHTRA AND OTHERS
- Disposal
- Withdrawn
Holding
The petition stands withdrawn and is disposed of with the liberty to initiate prosecution as sought by the petitioner.
Summary
Petitioner Dadasaheb Kushabapu Pawar filed Criminal Writ Petition No. 280 of 2022 before the Bombay High Court, Aurangabad Bench, seeking the withdrawal of the petition and liberty to initiate prosecution against certain persons under Section 156(3) of the Criminal Procedure Code or an equivalent provision in the BNSS, 2023. The petitioner, through counsel Ajinkya Kale, requested that the court allow the withdrawal and grant the said liberty. The respondents, represented by N. B. Patil, opposed the request. The Bench consisting of Justices Sandipkumar C. More and Vaishali Patil-Jadhav considered whether the petition could be withdrawn and the liberty granted. The court held that the petition could indeed be withdrawn and disposed of with the liberty sought. Consequently, the petition was formally withdrawn and disposed of as per the petitioner’s request.
Issues considered
- Whether a criminal writ petition may be withdrawn at the petitioner's request and the court may grant liberty to initiate prosecution under Section 156(3) CrPC or an equivalent provision in the BNSS, 2023?
Legislation cited
- BNSS, 2023
- Code of Criminal Procedure, 1973 — s. 156(3)
Subjects
- Criminal Procedure
- Section 156(3)
- withdrawal of petition
- prosecution
- High Court
- Writ Petition
Judgment
2026:BHC-AUG:41755-DB
1 920 CRIMINAL WRIT PETITION NO. 280 OF 2022
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
920 CRIMINAL WRIT PETITION NO. 280 OF 2022
DADASAHEB KUSHABAPU PAWAR
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Adv. Ajinkya Kale h/f Adv. Talekar And Associates, Advocate for the
Petitioner
Adv. N. B. Patil, APP for Respondents-State
...
CORAM : SANDIPKUMAR C. MORE AND
VAISHALI PATIL-JADHAV, JJ.
DATED : 09/09/2026
Per Court:
. Heard.
2. The learned counsel for the petitioner, on instructions, seeks
withdrawal of the petition and the liberty to initiate the prosecution
of the concerned persons by invoking Sections 156 (3) of Cr. P. C.
or any equivalent Section of the BNSS, 2023.
3. In view of the same, the petition stands withdrawn and
disposed of with liberty as sought.
( VAISHALI PATIL-JADHAV, J. ) ( SANDIPKUMAR C. MORE, J. )
shivani/
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