Bombay High Court
SUBODH RAMCHANDRA PARTEversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Dismissed
- Bench
- ASHWIN D BHOBE
Holding
The Court held that a writ petition under Article 226 may be withdrawn with the Court’s leave, and therefore dismissed the petition as withdrawn.
Summary
The petitioner, Vaishali Anil Tikam, filed a criminal writ petition under Article 226 of the Constitution read with Section 482 of the Code of Criminal Procedure seeking a writ of certiorari to quash FIR No. 188 of 2025 registered under Sections 406, 408, 409, 420, 34 IPC and Section 1860. After hearing, the petitioner’s counsel requested leave to withdraw the petition and instead pursue a discharge application before the trial court. The State’s counsel did not oppose the withdrawal. The Court, after noting the request and lack of objection, granted leave to withdraw the petition, directing that any future application for discharge be considered on its merits. Consequently, the writ petition was disposed of as withdrawn.
Issues considered
- Whether a writ petition filed under Article 226 and Section 482 CrPC may be withdrawn at the petitioner's request.
- Whether the Court’s permission is required for withdrawal of such a petition.
Legislation cited
- Code of Criminal Procedure, 1973 — s. Section 482
- Constitution of India — s. Article 226
- Indian Penal Code, 1860 — s. Section 1860, Section 34, Section 406, Section 408, Section 409, Section 420
Subjects
- writ petition
- withdrawal
- Article 226
- Section 482 CrPC
- quashing FIR
- criminal procedure
Judgment
22- WP 301 of 2026.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
VAISHALI CRIMINAL WRIT PETITION NO.301 OF 2026
ANIL
TIKAM
Digitally signed
Subodh Ramchandra Parte … Petitioner
by VAISHALI
ANIL TIKAM V/s.
Date:
2026.01.30
11:28:56 +0530 The State of Maharashtra … Respondent
---
Mr. Vaibhav P. Punekar i/b. Ms. Naseema F. Shaikh, Advocates for
the Petitioner.
Mr. Prasanna P. Malshe, APP for the State.
---
CORAM : ASHWIN D. BHOBE, J.
DATE : 28th JANUARY, 2026
P.C. :
1. By the present Petition, the Petitioner has sought for
the following substantive relief:
"a) That this Hon'ble Court be pleased to issue a writ of
certiorari or a Writ in the nature of certiorari or any other
appropriate writ, order or direction under Article 226 of
the Constitution of India read with section 482 of Code of
Criminal Procedure, 1973 thereby quashing and setting
aside First Information Report being CR. No. 188 of 2025
(EXHIBIT-C hereto) registered with Respondent Police
Station i.e. Chitalsar Manpada Police Station u/s. 406,
408, 409, 420 read with 34 IPC, 1860 on such terms and
Tikam 1
22- WP 301 of 2026.odt
conditions as this Hon'ble Court deem fit and proper."
2. After the matter was heard for some time, Mr. Vaibhav
Punekar, learned Advocate for the Petitioner, on instructions from
the Petitioner, craves leave to withdraw the present Petition with
liberty to file an application seeking discharge before the trial
Court at the appropriate stage.
3. Request made by Mr. Vaibhav Punekar is not objected
to by Mr. Malshe, learned APP for the State.
4. In view of the above, leave to withdraw the present
Petition is granted with liberty to file an application seeking
discharge before the trial Court at the appropriate stage. If such
application is filed, the same be considered on its own merits and
in accordance with law.
5. Writ Petition No. 301 of 2026 is disposed of as
withdrawn.
(ASHWIN D. BHOBE, J.)
Tikam 2
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