Bombay High Court
SATYAVAN VITHAL SAWANT AND ORSversusSTATE OF MAHARASHTRA AND ORS
- Decided
- Disposal
- Disposed Off
Holding
Petitioners may withdraw the writ petition and are granted liberty to pursue an alternate remedy in accordance with the Supreme Court decision.
Summary
The petitioners, Satyavan Vithal Sawant and others, filed a writ petition in the Bombay High Court seeking leave to withdraw the petition. They requested liberty to pursue an alternate remedy as outlined by the Supreme Court in M. Subramaniam & Anr. vs. S. Janaki & Anr. (2020) 16 SCC 728. The Court examined whether the petitioners could be permitted to withdraw the petition while retaining the right to approach another forum. Relying on the Supreme Court precedent, the Court held that such withdrawal with liberty is permissible. Consequently, the petition was allowed to be withdrawn and the petitioners were granted liberty to avail the alternate remedy.
Issues considered
- Whether the petitioners may be granted leave to withdraw the writ petition with liberty to pursue an alternate remedy as per Supreme Court precedent
Subjects
- withdrawal of petition
- alternate remedy
- writ petition
- criminal appellate jurisdiction
- Supreme Court precedent
Judgment
sns 4-wp-3926-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO.3926 OF 2026
Satyavan Vithal Sawant & Ors. … Petitioners
V/s.
State of Maharashtra & Ors. … Respondents
Ms. Gayatri Khanvilkar for the Petitioners.
Mr. J. P. Yagnik, APP for the Respondent-State.
CORAM : A. S. GADKARI AND
KAMAL KHATA, JJ.
DATE : 2nd September, 2026
P.C.:-
1) Learned Advocate for the Petitioners on instructions seeks leave
to withdraw Petition with liberty to avail alternate remedy as enunciated by
the Hon’ble Supreme Court in the case of M. Subramaniam & Anr. vs. S.
Janaki & Anr. reported in (2020) 16 SCC 728.
1.1) Leave and liberty granted.
2) Disposed off as withdrawn with aforesaid liberty.
(KAMAL KHATA, J.) (A.S. GADKARI, J.)
Digitally
signed by
SUMEDH
1/1
SUMEDH NAMDEO
NAMDEO SONAWANE
SONAWANE Date:
2026.09.07
12:39:11
+0530
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