Created by Fuzzy Cloud

Bombay High Court

SUKHDEO EKNATH NIKAMversusTHE STATE OF MAHARASHTRA AND ANR

Decided
Disposal
Disposed Off

Holding

The petition may be withdrawn with the leave of the Court, and the petition is thereafter disposed.

Summary

The petitioner, Sukhdeo Eknath Nikam, filed a criminal writ petition challenging an order of the State of Maharashtra. Subsequently, the petitioner, through counsel, sought to withdraw the petition, stating that an alternate remedy was available to contest the order. The Court considered whether the petition could be withdrawn at this stage. The Court allowed the withdrawal with leave, emphasizing that the parties' contentions remain expressly open for any future proceedings. Consequently, the writ petition was withdrawn and disposed of.

Issues considered

  • Whether a criminal writ petition may be withdrawn by the petitioner after filing, and if leave of the Court is required

Subjects

  • withdrawal of writ petition
  • alternate remedy
  • criminal appellate jurisdiction
  • leave of court

Judgment

                                                  250-WP-3556-2026.DOC




          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CRIMINAL APPELLATE JURISDICTION
             CRIMINAL WRIT PETITION NO.3556 OF 2026
Sukhdeo Eknath Nikam                                 …Petitioner
      Versus
The State of Maharashtra & Anr.                      …Respondents


Mr. Pritesh K. Bohade, for the Petitioner.
Mr. S. S. Ghag, APP, for the Respondent-State.


                       CORAM:      MADHAV J. JAMDAR, J.
                       DATED :     18th AUGUST 2026
PC:-

1.       Mentioned out of turn at 11:00 a.m..



2.       Mr. Bohade, learned Counsel appearing for the Petitioner, on

instructions of the Petitioner, seeks withdrawal of the Writ Petition,

as there is an alternate remedy to challenge the impugned order.



3.       Accordingly, the Writ Petition is allowed to be withdrawn

and disposed of as such with leave as sought.



4.       It is clarified that all contentions of both the parties are

expressly kept open.



                                           [MADHAV J. JAMDAR, J.]



                                 Page 1
Sonali


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.