Bombay High Court

KOMAL A VASWANIversusSTATE OF MAHARASHTRA AND ORS

Decided: 24 September 2026
Disposal: Disposed Off

Holding

The court held that the petition may be withdrawn and the petitioner may file a private complaint before the magistrate, subject to the law of limitation.

Summary

The petitioner, Komal A. Vaswani, filed a writ petition in the Bombay High Court seeking leave to withdraw the petition and to file a private complaint before the jurisdictional magistrate, subject to the law of limitation. The petitioner’s counsel, Adv. Farzan Ansari and Adv. Kshitija V. Moreshwar Sarangi, requested the court’s permission for this course of action. The court considered whether such a withdrawal and subsequent filing of a private complaint were permissible under criminal procedure law. No substantive factual dispute or legal argument was elaborated beyond the request. The court granted the leave to withdraw the petition and accorded liberty to file a private complaint, subject to limitation, and disposed of the petition as withdrawn.

Issues considered

Whether the petitioner may be permitted to withdraw the writ petition and file a private complaint before the jurisdictional magistrate subject to the law of limitation.

Subjects

withdrawal of petition
private complaint
limitation period
criminal procedure
high court

Judgment

                           apn                                                  4-criwp-3947-2026.doc




                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                            CRIMINAL APPELLATE JURISDICTION

                                             WRIT PETITION NO. 3947 OF 2026


                      Komal A Vaswani                                      … Petitioner

                               V/s.

                      State of Maharashtra & Ors.                          … Respondents



                      Adv. Farzan Ansari, h/f Adv. Kshitija V. Moreshwar Sarangi for the Petitioner.
                      Samanta Patil, API, EOW, MPID, Unit-8, Mumbai, present.


                                                        CORAM :      A. S. GADKARI AND
ASHWINI
PRASAD                                                               KAMAL KHATA, JJ.
NARHIRE                                                    DATE :    24th September, 2026
Digitally signed by
ASHWINI PRASAD
NARHIRE
Date: 2026.10.03
14:39:23 +0530        P.C.:-

                      1)              Learned Advocate for the Petitioner on instructions seeks leave

                      to withdraw Petition with liberty to avail alternate remedy of filing private

                      complaint, subject to law of limitation, before Jurisdictional Magistrate.

                      2)              Leave and liberty granted.

                      3)              Disposed off as withdrawn with aforesaid liberty.



                                 (KAMAL KHATA, J.)                    (A.S. GADKARI, J.)




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