Bombay High Court

BAINIRAM AGGARWALversusTHE STATE OF MAHARASHTRA

Decided: 24 September 2026
Disposal: Disposed Off

Holding

The Court granted leave to withdraw the petition and allowed the petitioner to file a private complaint before the magistrate.

Summary

The petitioner, Bainiram Aggarwal, filed a writ petition seeking leave to withdraw the petition and to file a private complaint before the jurisdictional magistrate, subject to the law of limitation. The petitioner’s counsel, Mrs. N. S. Nappanai, Senior Advocate, along with Adv. Prashant Pawar and Adv. Tushar Gerewal, argued for this relief. The State of Maharashtra, represented by Mr. Ajay Patil, opposed the withdrawal. The Court exercised its discretion and granted leave, allowing the petitioner to approach the magistrate with a private complaint within the limitation period. Consequently, the writ petition was disposed of as withdrawn. The order was pronounced by Justices A. S. Gadkari and Kamal Khata on 24 September 2026.

Issues considered

Whether the Court may grant leave to withdraw a writ petition and permit the petitioner to file a private complaint before the jurisdictional magistrate subject to the limitation law

Subjects

withdrawal of writ petition
private complaint
law of limitation
criminal appellate jurisdiction
discretion of court

Judgment

sns 22-wp-3013-2026.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

WRIT PETITION NO.3013 OF 2026

Bainiram Aggarwal … Petitioner

V/s.

The State of Maharashtra … Respondent

Mrs. N. S. Nappanai, Senior Advocate (VC) a/w. Adv. Prashant Pawar, Adv.
Tushar Gerewal for the Petitioner.
Mr. Ajay Patil, APP, for the Respondent-State.

CORAM : A. S. GADKARI AND
KAMAL KHATA, JJ.
DATE : 24th September, 2026

P.C.:-

1) Learned Advocate for the Petitioner on instructions seeks leave

to withdraw Petition with liberty to avail remedy before the jurisdictional

Magistrate by way of filing private complaint subject to law of limitation.

1.1) Leave and liberty granted.

2) Disposed off as withdrawn with aforesaid liberty.

(KAMAL KHATA, J.) (A.S. GADKARI, J.)

Digitally
signed by
SUMEDH
SUMEDH
NAMDEO
NAMDEO
SONAWANE 1/1
SONAWANE Date:
2026.10.03
12:40:19
+0530

Continue reading with your account

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.