Bombay High Court
SHRIKANT HARISHCHANDRA HODAWADEKARversusSTATE OF MAHARASHTRA AND ORS
- Decided
- Disposal
- Dismissed as Withdrawn
Holding
The petition is dismissed, granting the petitioner liberty to withdraw and pursue the statutory remedy under the Bharatiya Nyaya Sanhita, 2023.
Summary
The petitioner, Shrikant Harishchandra Hodawadekar, filed Criminal Writ Petition No. 3470 of 2025 in the Bombay High Court seeking permission to withdraw the petition and to avail a statutory remedy under the Bharatiya Nyaya Sanhita, 2023. The petitioner’s counsel, B. K. Barve & Co., argued for withdrawal, while the State of Maharashtra was represented by the Additional Public Prosecutor. The Court considered whether the petitioner could be allowed to withdraw the writ and pursue the alternative remedy. The Court held that the petition could be withdrawn and granted the petitioner liberty to seek the statutory remedy. Accordingly, the writ petition was dismissed with the liberty granted to the petitioner.
Issues considered
- Whether the petitioner may withdraw the criminal writ petition and avail of a statutory remedy under the Bharatiya Nyaya Sanhita, 2023
Legislation cited
Subjects
- writ petition
- withdrawal
- statutory remedy
- Bharatiya Nyaya Sanhita
- criminal appellate jurisdiction
Judgment
909.3470.25-wp.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO.3470 OF 2025
Digitally
signed by
Shrikant Harishchandra Hodawadekar .. Petitioner
BASAVRAJ
BASAVRAJ GURAPPA
GURAPPA PATIL
Vs.
PATIL Date:
2026.01.09
State of Maharashtra & Ors. .. Respondents
11:08:42
+0530 ...
Mr. Sandeep Barve, Mr. Simmy Sebastian,
Ms. Anushka Barve and Ms. Diksha Gaikwad i/b.
B. K. Barve & Co., Advocates for the Petitioner
Mr. K. V. Saste, Additional Public Prosecutor for the
Respondent No.1-State
CORAM : SHREE CHANDRASHEKHAR, CJ &
GAUTAM A. ANKHAD, J.
DATE : 8th JANUARY 2026
P.C. :
After arguing for some time, Mr. Sandeep Barve, the learned
counsel for the petitioner seeks permission to withdraw the writ
petition with liberty to avail of statutory remedy as available to the
petitioner under the Bharatiya Nyaya Sanhita, 2023.
2. Writ Petition No.3470 of 2025 is dismissed with the aforesaid
liberty granted in favour of the petitioner.
[GAUTAM A. ANKHAD, J.] [CHIEF JUSTICE]
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