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- Allowed To be withdrawn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The Court declined to exercise jurisdiction under Article 226 and allowed the petition to be withdrawn with liberty to re‑file after arrest or pre‑arrest bail.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 Consequently, the petition was disposed of as withdrawn.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
- Constitution of India — s. Article 226
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:
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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.)
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