Bombay High Court

MITESH DESHAR BHAUSHALIversusTHE STATE OF MAHARASHTRA AND ORS

Decided: 28 September 2026
Disposal: Disposed Off

Holding

The Court held that a petitioner may be permitted to withdraw a writ petition and pursue the matter before the appropriate magistrate.

Summary

The petitioner, Mitesh Deshar Bhaushali, filed a writ petition in the High Court of Bombay. Subsequently, the petitioner’s counsel sought leave to withdraw the petition and to pursue an alternative remedy before the appropriate jurisdictional magistrate. The Court examined whether such a withdrawal could be permitted under law. Finding no legal impediment, the Court granted the petitioner's request, allowing the withdrawal and liberty to approach the magistrate. Accordingly, the petition was disposed of as withdrawn.

Issues considered

Whether a petitioner may be granted leave to withdraw a writ petition and seek an alternative remedy before the jurisdictional magistrate

Subjects

writ petition
withdrawal
jurisdiction
magistrate
civil procedure

Judgment

                      DTG                                                          17-Wp-3147-2026.doc



                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                            CRIMINAL APPELLATE JURISDICTION

                                              WRIT PETITION NO. 3147 OF 2026

                      Mitesh Deshar Bhaushali                                    … Petitioner
                               V/s.
                      The State of Maharashtra & Ors.                            … Respondents
                                         _______________________________________

                      Ms. Neelofar Khan for Petitioner.

                      Smt. Madhavi H. Mhatre, A.P.P. for Respondent-State.

                      Mr. Satish Umare, P.I., Goregaon Police Station, Mumbai, present.
                                     _______________________________________

                                                  CORAM : A. S. GADKARI AND
                                                          KAMAL KHATA, JJ.
                                                  DATE  : 28th September 2026

                      P.C. :

                      1)              Learned Advocate for Petitioner on instructions seeks leave to

                      withdraw Petition with liberty to avail alternate remedy before the

                      jurisdictional Magistrate, as may be permissible in law.

                      1.1)            Leave and liberty granted.

                      2)              Disposed off as withdrawn with aforesaid liberty.




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


DNYANESHWAR
TULSHIRAM
GHUMNAR

Digitally signed by
DNYANESHWAR
TULSHIRAM GHUMNAR                                                                                        1/1
Date: 2026.10.05
16:03:24 +0530

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