Bombay High Court

BHARAT ANAND AND ANRversusSTATE OF MAHARASHTRA AND ANR

Decided: 21 August 2026
Disposal: Allowed To be withdrawn

Holding

The writ petition was allowed to be withdrawn, with liberty to pursue the alternate revision remedy, and the petition was disposed.

Summary

Petitioners Bharat Anand and Manoj Kumar Kohli filed a writ petition challenging an order dated 7 March 2025 passed by a Judicial Magistrate in Mumbai. They later sought to withdraw the petition, arguing that a revision application before the Sessions Court provided an alternate remedy, including a prayer for interim relief. The High Court allowed the withdrawal, granting the petitioners liberty to pursue the revision and directing that the Judicial Magistrate’s order dated 22 July 2026 not be enforced for three months. All parties' contentions were kept open. The writ petition was consequently disposed.

Issues considered

Whether a writ petition may be withdrawn when an alternate remedy is available
Effect of the Judicial Magistrate’s order dated 22 July 2026 pending a revision application
Procedural propriety of seeking interim relief in a revision application

Subjects

writ petition
withdrawal
alternate remedy
revision application
interim relief
judicial magistrate order

Judgment

                                                   918 WP-3902-2026.DOC
skt



          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CRIMINAL APPELLATE JURISDICTION
                  WRIT PETITION NO. 3902 OF 2026
1. Bharat Anand                                       …Petitioners
2 Manoj Kumar Kohli
            Vs.
1. State of Maharashtra                               …Respondents
2. Platinum Communications Private Limited


Mr. Abad Ponda, Senior Advocate a/w. Mr. Pratik Thakkar ,
Yashovardhan Deshmukh and Jyoti Yadav i/b Khaitan and Co., for
the Petitioners.
Mr. S.V. Walve, APP for the Respondent No. 1-State.


                      CORAM:      MADHAV J. JAMDAR, J.
                      DATE :      21st AUGUST, 2026
P. C.:

1.       Mr. Ponda, learned Senior Counsel appearing for the

Petitioners seeks leave to withdraw the Writ Petition as an

alternate remedy is available to the Petitioners to challenge the

order dated 7th March, 2025 passed by the learned Judicial

Magistrate First Class, 33rd Court, Ballard Pier at Mazgaon,

Mumbai, below Exhibit 1 in C.C. No. 673/Sum/2024.



2.       In view of the above, the Writ Petition is allowed to be

withdrawn with liberty to the Petitioners to avail of the said

alternate remedy in accordance with law and disposed of as such.



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                               21st August, 2026
                                                   918 WP-3902-2026.DOC
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3.    Mr. Ponda, learned Senior Counsel states that in the Revision

Application proposed to be filed before the learned Sessions Court,

a prayer for interim relief shall also be made. In view of the said

statement, the learned J.M.F.C. shall not give effect to the order

dated 22nd July, 2026 for a period of three months.



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

kept open.



5.    The Writ Petition is disposed of in the above terms.


                                            [MADHAV J. JAMDAR, J.]




                                  Page 2 of 2
                               21st August, 2026

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