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Bombay High Court

SACHIN CHANDRAKANT SALUNKHE AND ORSversusADARSH DEEPAK MALIK

Decided
Disposal
Allowed To be withdrawn

Holding

The writ petition is allowed to be withdrawn and disposed of, with the petitioners retaining the benefit of Section 14 of the Limitation Act, 1963.

Summary

The petitioners, Sachin Chandrakant Salunkhe & Ors., filed a criminal writ petition on 24 December 2024 challenging an order. They later sought to withdraw the petition, stating that an alternate remedy was available to contest the impugned order. The Court considered the request and allowed the withdrawal, disposing of the petition with liberty as sought. It clarified that the petitioners would benefit from Section 14 of the Limitation Act, 1963, covering the period from filing to the date of disposal. The judgment expressly noted that all substantive contentions raised in the petition remain open for future proceedings. The order was signed by Justice Madhav J. Jamdar on 19 August 2026.

Issues considered

  • Whether a criminal writ petition may be withdrawn at the petitioners' request
  • Effect of withdrawal on the limitation period under the Limitation Act, 1963

Legislation cited

Subjects

  • withdrawal of writ petition
  • limitation period
  • alternate remedy
  • criminal appellate jurisdiction
  • section 14 limitation act

Judgment

                                                      915-WP-295-2025.DOC




          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 CRIMINAL APPELLATE JURISDICTION
              CRIMINAL WRIT PETITION NO.295 OF 2025


Sachin Chandrakant Salunkhe & Ors.                      …Petitioners
      Versus
Adarsh Deepak Malik                                     …Respondent


Mr. Swapnil Wagh a/w. Mr. Prathmesh Bhosale, for the Petitioners.
Mr. S. S. Ghag, APP, for the Respondent-State.


                        CORAM:       MADHAV J. JAMDAR, J.
                        DATED :      19th AUGUST 2026
PC:-


1.       Mr. Swapnil Wagh, learned Counsel appearing for the

Petitioners, on instructions of the Petitioners, seeks withdrawal of

the Writ Petition as there is an alternate remedy available to the

Petitioners to challenge the impugned order.



2.       Accordingly, the Writ Petition is allowed to be withdrawn

and disposed of as such with liberty as sought.



3.       It is clarified as this Petition is filed on 24 th December 2024

and is being disposed of today, the Petitioners will get benefit of




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Sonali
                                                                 915-WP-295-2025.DOC




          Section 14 of the Limitation Act, 1963 from 24 th December 2024

          till 19th August 2026.



          4.       It is expressly clarified that all contentions are kept open.




                                                        [MADHAV J. JAMDAR, J.]




       Digitally
       signed by
       SONALI
SONALI MILIND
MILIND PATIL
PATIL Date:
       2026.08.24
       11:01:01
       +0530




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