Bombay High Court

Ateeque Ahmad KhanversusState of Maharashtra Through Principal Secretary Home Department

Decided: 22 July 2026
Disposal: Allowed To be withdrawn
Bench: MADHAV JAMDAR

Holding

The writ petition may be withdrawn where an alternative remedy under Section 60 of the Maharashtra Police Act, 1951 is available.

Summary

Petitioner Ateeque Ahmad Khan filed a writ petition challenging actions of the State of Maharashtra. He moved the court to withdraw the petition, contending that an alternative remedy exists under Section 60 of the Maharashtra Police Act, 1951. The court considered whether the availability of that statutory remedy justified withdrawal of the writ. It allowed the petition to be withdrawn and disposed of, while expressly keeping all of the petitioner's substantive contentions open for future reference. No further orders were made.

Issues considered

Whether a writ petition may be withdrawn when an alternative remedy under Section 60 of the Maharashtra Police Act, 1951 is available
Whether the existence of such a statutory remedy bars the continuation of the writ proceedings

Legislation cited

Maharashtra Police Act, 1951 — s. 60

Subjects

writ petition
withdrawal
alternative remedy
Section 60
Maharashtra Police Act
criminal appellate jurisdiction

Judgment

                                                     905 WP-3616-2026.DOC
skt



          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CRIMINAL APPELLATE JURISDICTION

                  WRIT PETITION NO. 3616 OF 2026

Ateeque Ahmad Khan                                      …Petitioner


          Vs.
State of Maharashtra
Through Principal Secretary Home Department             …Respondent



Mr.Altaf Khan a/w. Mr. Shaikh Shamsher Ahmed and Akash
Mangalgi, for the Petitioner
Mr. S.V. Walve, APP for the Respondent-State.


                        CORAM:       MADHAV J. JAMDAR, J.
                        DATE :       22nd JULY, 2026
P. C.:

1.       Mr. Khan, learned counsel appearing for the Petitioner seeks

withdrawal of the Writ Petition on the ground that an alternate

remedy of appeal is available under Section 60 of the Maharashtra

Police Act, 1951.


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       Accordingly, the Writ Petition is allowed to be withdrawn

and disposed of as such.


3.       All contentions of the Petitioner are expressly kept open.


                                               [MADHAV J. JAMDAR, J.]



                                     Page 1 of 1
                                   22nd July, 2026

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