Bombay High Court

SANJAY GUNAJI RANEversusSTATE OF MAHARASHTRA AND ORS

Decided: 24 September 2026
Disposal: Disposed Off

Holding

The Court held that the petitioner may withdraw the writ petition and is granted liberty to file a private complaint before the appropriate magistrate, subject to the law of limitation.

Summary

The petitioner, Mr. Sanjay Gunaji Rane, filed a writ petition in the Bombay High Court seeking leave to withdraw the petition and instead file a private complaint before the jurisdictional magistrate, subject to the applicable limitation period. The petition raised the procedural question of whether such a withdrawal could be permitted by the court. The learned counsel for the petitioner, Mr. Vijay Kurle, requested liberty to pursue the alternative remedy. The court examined the procedural propriety of allowing a withdrawal and found no impediment to granting it. Consequently, the judges granted leave to withdraw the petition and authorized the petitioner to file a private complaint within the limitation period. The petition was thereafter disposed of as withdrawn.

Issues considered

Whether the petitioner may be permitted to withdraw the writ petition and pursue a private complaint before the jurisdictional magistrate, subject to the law of limitation

Subjects

withdrawal of writ petition
private complaint
law of limitation
criminal appellate jurisdiction
High Court of Bombay

Judgment

                           apn                                               46-wp-3097-2026.doc




                                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                         CRIMINAL APPELLATE JURISDICTION

                                          WRIT PETITION NO. 3097 OF 2026


                      Mr. Sanjay Gunaji Rane                                  … Petitioner
                            V/s.
                      The State of Maharashtra & Ors.                         … Respondents


                      Mr.Vijay Kurle a/w. Ms.Sonal Manchekar and Mr.Jayendra Manchekar for
                      the Petitioner.
                      Mr.Mandar Limaye for Respondent No.6- Thane Municipal Corporation.
                      Mr.Soham Salunke a/w. Mr.Hrutik Chavan h/f. Mr.Ashutosh Kulkarni for
                      Respondent No.8 (VJTI).
                      Mr. Saurabh Butala a/w. Mr.Atharv Gidaye i/b. SHB Legal for Respondent
                      No.9.
ASHWINI
PRASAD
NARHIRE                                              CORAM :      A. S. GADKARI AND
Digitally signed by
ASHWINI PRASAD
NARHIRE                                                           KAMAL KHATA, JJ.
Date: 2026.10.03
14:39:23 +0530                                          DATE :    24th September, 2026
                      P.C.:-

                      1)           Mr. Kurle, learned Advocate for the Petitioner on instructions

                      seeks leave to withdraw Petition with liberty to avail alternate remedy of

                      filing private complaint, subject to law of limitation, before the

                      Jurisdictional Magistrate.

                      1.1)         Leave and liberty granted.

                      2)           Disposed off as withdrawn with aforesaid liberty.



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


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