Bombay High Court

BALKRISHNA LAXMAN MHATREversusSTATE OF MAHARASHTRA AND ANR

Decided: 17 June 2026
Disposal: Allowed To be withdrawn
Bench: SARANG VIJAYKUMAR KOTWAL ASHISH SAHADEV CHAVAN

Holding

The writ petition is allowed to be withdrawn with liberty to adopt appropriate proceedings on fresh grounds.

Summary

The petitioner, Balkrishna, filed Writ Petition No. 3208 of 2025 in the Bombay High Court challenging certain actions of the State of Maharashtra. During the proceedings, the petitioner, through counsel Rupesh Jaiswal and Anjali Raut, decided not to pursue the existing petition. He sought the Court's permission to withdraw the petition while retaining the liberty to initiate fresh proceedings on new grounds. The Court examined the petitioner's request and the accompanying affidavit-in-reply. Both judges, Justice Sarang V. Kotwal and Justice Ashish S. Chavan, granted the petitioner's request, allowing the withdrawal of the writ petition with liberty to file a fresh petition. No substantive merits of the original petition were adjudicated.

Issues considered

Whether a writ petition pending before the High Court can be withdrawn by the petitioner with liberty to file a fresh petition on new grounds

Subjects

writ petition
withdrawal
high court
criminal appellate jurisdiction
liberty to file fresh petition

Judgment

                                                              6-WP-3208-2025.doc

            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 CRIMINAL APPELLATE JURISDICTION

                WRIT PETITION NO. 3208 OF 2025
Balkrishna S/o Laxman Mhatre           … Petitioner
            Versus
State of Maharashtra and Ors.                   … Respondents
                           --------------------
Mr. Rupesh Jaiswal a/w Ms. Anjali Raut (through V.C.), for the
Petitioner.

Ms. Kranti Hiwrale, A.P.P., for the Respondent-State.
                             --------------------
                             CORAM : SARANG V. KOTWAL &
                                                  ASHISH S. CHAVAN, JJ.

                                   DATE      :   17th JUNE, 2026.
P.C. :
1.        Perused the affidavit-in-reply filed by the learned A.P.P..


2.        Learned Counsel for the Petitioner does not press this Petition.
He seeks permission to withdraw this Petition with liberty to adopt
appropriate proceedings on fresh grounds. Permission is granted.


3.        Writ Petition No.3208 of 2025 is allowed to be withdrawn with
such liberty.

             -
(ASHISH S. CHAVAN, J.)                           (SARANG V. KOTWAL, J.)

Manisha                                                                     1/1

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