Created by Fuzzy Cloud

Bombay High Court

IMRAN SALAUDDIN MOMIN AND ORSversusSTATE OF MAHARASHTRA AND ANR

Decided
Disposal
Allowed To be withdrawn

Holding

The Court declined to exercise jurisdiction under Article 226 and allowed the petition to be withdrawn with liberty to re‑file after arrest or pre‑arrest bail.

Summary

The petitioners, Imran Salauddin Momin & Ors., were reported as absconding in a criminal case (CR No.365 of 2026) and filed a writ petition under Article 226 of the Constitution seeking relief. The learned Assistant Public Prosecutor argued that the court should not exercise its discretionary jurisdiction in favor of the petitioners given their absconding status. The petitioners' counsel requested permission to withdraw the petition and be allowed to file a fresh petition after the petitioners are either arrested or released on pre‑arrest bail. The Court declined to entertain the writ on the merits, granted leave to withdraw, and gave liberty to re‑file the petition under the stipulated conditions. Consequently, the petition was disposed of as withdrawn.

Issues considered

  • Whether the High Court can exercise its discretionary jurisdiction under Article 226 when the petitioners are reported to be absconding in a criminal case
  • Whether the petitioners may be permitted to withdraw the writ petition with liberty to file a fresh petition after arrest or bail

Legislation cited

Subjects

  • writ petition
  • Article 226
  • discretionary jurisdiction
  • absconding
  • withdrawal of petition
  • criminal appellate jurisdiction

Judgment

                           sns                                                34-wp-3456-2026.doc




                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                            CRIMINAL APPELLATE JURISDICTION

                                             WRIT PETITION NO.3456 OF 2026

                      Imran Salauddin Momin & Ors.                        … Petitioners

                               V/s.

                      State of Maharashtra & Anr.                         … Respondents



                      Mr. Gaurav Bhawnani a/w. Adv.Mayanka S.R., Adv. Hari Rajguru for the
                      Petitioners.

                      Smt. Madhavi H. Mhatre, APP for the Respondent-State.

                      Mr. Rohan Patil, PSI, Nirmal Nagar Police Station, Mumbai, present.

                      Mr. Pratapsinh Chavan, Kamothe Police Station, Navi Mumbai, present.


                                                        CORAM :  A. S. GADKARI AND
                                                                 KAMAL KHATA, JJ.
                                                          DATE : 31st August, 2026

                      P.C.:-

                      1)              Learned APP submitted that, the Petitioners have been reported

                      to be absconding in CR No.365 of 2026 registered with Nirmal Nagar Police

                      Station, Mumbai.

                      2)              In view thereof, we are not inclined to exercise our

                      discretionary jurisdiction under Article 226 of Constitution of India in

                      favour of the Petitioners.

         Digitally
         signed by
         SUMEDH
SUMEDH
NAMDEO
         NAMDEO
         SONAWANE
SONAWANE Date:
                                                                                                    1/2
         2026.09.02
         09:14:51
         +0530
       sns                                                34-wp-3456-2026.doc

3)              Mr. Bhawnani, learned Advocate for the Petitioners seeks leave

to withdraw Petition with liberty to file a fresh Petition after the Petitioners

either are arrested or released on pre-arrest bail by the Court of competent

jurisdiction.

3.1)            Leave and liberty granted.

4)              Disposed off as withdrawn with aforesaid liberty.



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




                                                                                2/2


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.