Bombay High Court

DABLUSINGH PUNJABSINGH TAKversusTHE STATE OF MAHARASHTRA AND ORS

Decided: 10 July 2026
Disposal: Disposed Off
Bench: ASHWIN D BHOBE

Holding

The petition is withdrawn with liberty to file a discharge application before the trial court.

Summary

The petitioner, Dablusingh Punjabsingh Tak, filed a criminal writ petition seeking the quash of FIR No. 319/2021 and the related charge-sheet and sessions case. He later instructed his counsel to withdraw the petition and instead file an application for discharge before the trial court. The respondent's counsel did not oppose the withdrawal. The Court, after hearing, granted leave to withdraw the petition and allowed the petitioner liberty to file a discharge application at the appropriate stage. The petition was consequently disposed of as withdrawn.

Issues considered

Whether a criminal writ petition seeking quash of FIR and charge-sheet can be withdrawn by the petitioner
Whether the petitioner may be granted liberty to file a discharge application before the trial court after withdrawal

Subjects

withdrawal of petition
criminal writ petition
quash FIR
discharge application
procedural law
criminal procedure

Judgment

                                                                13-WP-3310-2026.doc



             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CRIMINAL APPELLATE JURISDICTION
               CRIMINAL WRIT PETITION NO. 3310 OF 2026
Dablusingh Punjabsingh Tak                                  … Petitioner
     Versus
The State Of Maharashtra And Ors.           … Respondents
__________________________________________________________
Mr. Vishal Janrao, Advocate for the Petitioner.
Mr. Sukanta Karmakar, APP for the Respondent – State.
__________________________________________________________

                                    CORAM : ASHWIN D. BHOBE, J.
                                     DATE : 10th July, 2026.
P.C. :


1.        Heard Mr. Vishal Janrao, learned Advocate for the

Petitioner. He states that the substantive prayers in this present

Petition are prayer clause (a) and (b) which are transcribed herein

below in verbatim :-


         “a)    Issue appropriate writ, order or direction and thereby
         quash and set aside FIR bearing C. R. No. 319/2021
         registered with Hadapsar Police Station, Pune City qua the
         present Petitioner namely Dablusingh Punjabsingh Tak, in the
         interest of jutice.


         b)    Issue appropriate writ, order or direction and thereby
         quash and set aside consequential charge-sheet and Sessions
         Case No. 897/2022 pending before the learned District
         Judge-25 and Additional Sessions Judge, Pune qua the
         present Petitioner namely Dablusingh Punjabsingh Tak.”



Vivekanand                                  1
                                                       13-WP-3310-2026.doc



2.       After having heard the matter for some time, Mr. Vishal

Janrao, learned Advocate for the Petitioner, on instructions from

the Petitioner, seeks leave to withdraw the present Petition with

liberty to file an Application seeking discharge before the Trial

Court at the appropriate stage. This request is not opposed by Mr.

Sukanta Karmakar, learned APP for the Respondent-State.



3.       In view of the statement made by Mr. Vishal Janrao, learned

Advocate for the Petitioner, leave is granted to withdraw the

present Petition with liberty as prayed. If an Application seeking

discharge is filed before the Trial Court at the appropriate stage,

the same be considered on its own merits and in accordance with

law.



4.       Criminal Writ Petition No. 3310 of 2026 is disposed of as

withdrawn.



                                           (ASHWIN D. BHOBE, J.)




Vivekanand                            2

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