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Bombay High Court

ABDULLAH SALEEM KHATEEBversusTHE STATE OF MAHARASHTRA AND ANR.

Disposal
Disposed off as Withdrawn

Holding

The court granted permission to withdraw the petition and allowed the petitioner to file a fresh petition.

Summary

The petitioner, Abdullah Saleem Khateeb, filed a criminal writ petition seeking relief. After the charge sheet was filed in the underlying case, the petitioner requested permission to withdraw the present petition and to file a fresh petition attaching the charge sheet and making appropriate averments. The court considered whether it could allow the withdrawal and grant liberty to re‑file a new petition. Relying on its inherent powers to manage proceedings and avoid multiplicity of filings, the court held that such permission could be granted. Consequently, the court ordered the withdrawal of the present petition, allowed the petitioner to file a fresh petition, and disposed of the current writ petition.

Issues considered

  • Whether the court may permit the petitioner to withdraw the present writ petition and file a fresh petition after the charge sheet has been filed

Subjects

  • writ petition
  • withdrawal
  • fresh petition
  • criminal procedure
  • charge sheet

Judgment

                                                                                        87-WP-366-2026.doc




          Digitally signed
                                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
          by HARISH
HARISH
VITHAL
          VITHAL
          CHAUDHARI
                                            CIRCUIT BENCH AT KOLHAPUR
CHAUDHARI Date:
          2026.08.04
          12:22:22 +0530
                                          CRIMINAL APPELLATE JURISDICTION

                                          CR. WRIT PETITION NO. 366 OF 2026

                     Abdullah Saleem Khateeb                              ...Petitioner
                           Versus
                     The State Of Maharashtra And Anr.                    ...Respondents
                                                        …..
                     Mr. R. A. Rayani (Through V. C.) for the Petitioner.
                     Mr. Avinash A. Naik, APP for the Respondent No. 1-State.
                                                                …..

                                                       CORAM : SANDESH D. PATIL, J.
                                                        DATED : 31st JULY, 2026.
                     P. C. :

                     1.        Learned Counsel appearing for the Petitioner, states that the charge-

                     sheet has been filed in the matter. He further seeks permission to withdraw

                     the present Petition, with liberty to file a fresh Petition annexing the charge-

                     sheet and making the necessary corresponding averments.

                     2.        Permission is granted to withdraw the Petition, with liberty to file a

                     fresh Petition.

                     3.        The Writ Petition is DISPOSED OF accordingly.



                                                                          (SANDESH D. PATIL, J.)




                     Harish                                 1


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