Bombay High Court

LAXMIKANT HEMRAJ BHARADIAversusTHE STATE OF MAHARASHTRA AND ANR

Disposal: Disposed off as Withdrawn
Bench: SANDESH D PATIL

Holding

The Court held that the petition may be withdrawn with liberty to file a fresh petition.

Summary

The petitioner, Laxmikant Hemraj Bharadia, filed a criminal writ petition before the Bombay High Court. After the charge-sheet was filed in the underlying criminal case, the petitioner sought leave to withdraw the writ petition and requested liberty to file a fresh petition. The petitioner’s counsel, Mr. Manoj Patil, argued that the filing of the charge-sheet rendered the writ petition unnecessary. The Court examined the request and, without providing extensive reasoning, granted the petitioner's prayer to withdraw the petition. Consequently, the Court ordered that the petition be withdrawn with liberty to file a fresh petition and disposed of the matter as withdrawn.

Issues considered

Whether a criminal writ petition may be withdrawn after the filing of a charge-sheet, and whether the court may grant liberty to file a fresh petition.

Subjects

criminal writ petition
withdrawal
charge-sheet
High Court
procedural law

Judgment

28-WP-296-2020 (CR).doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION

CRIMINAL WRIT PETITION NO. 296 OF 2020

Laxmikant Hemraj Bharadia ] Petitioner
Vs.
The State of Maharashtra and another ] Respondents
…..
Mr. Manoj Patil, Advocate for Petitioner.

Mr. P.P. Deokar, A.P.P, for Respondent No.1 – State.
Digitally
…..
signed by
SHAILAJA
SHAILAJA SHRIKANT
SHRIKANT HALKUDE
HALKUDE Date:
2026.06.24
CORAM: SANDESH D. PATIL, J.
13:00:49
+0530
DATED: 22nd JUNE 2026.
P. C. :
1. Mr. Patil, learned counsel appearing for the petitioner, states
that the charge-sheet has been filed and, therefore, seeks leave of this
Court to withdraw the petition with liberty to file a fresh petition.

2. Leave as prayed for is granted. The petition is permitted to be
withdrawn with liberty as prayed for.

3. The petition is disposed of as withdrawn.

[SANDESH D. PATIL, J.]

Shailaja 1

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