Bombay High Court

KUNAL SARJERAO GHORPADE (HUF) PROP OF R K INNOVATIONSversusTHE STATE OF MAHARASHTRA AND ORS

Disposal: Disposed off as Withdrawn

Holding

The Court granted leave to withdraw the petition, resulting in its disposal.

Summary

The petitioner, Kunal Sarjerao Ghorpade, proprietor of R K Innovations, filed Criminal Writ Petition No. 400 of 2024 seeking a writ to quash the judgment dated 12-10-2022 passed by the Additional Sessions Judge, Ichalkaranji. The petition alleged that the impugned judgment was erroneous and requested the High Court to set it aside. After hearing, the petitioner's counsel, Mr. Piyush Toshnival, applied for leave to withdraw the petition, a request that was not opposed by the respondent's counsel, Mr. C.D. Mali. The Court, after considering the application, granted leave to withdraw the petition. Consequently, the writ petition was disposed of as withdrawn.

Issues considered

Whether a criminal writ petition seeking quash of a lower court judgment can be withdrawn at the petitioner's request.

Subjects

criminal writ petition
withdrawal of petition
quash judgment
High Court
appellate jurisdiction

Judgment

                                                                                  5 - CR WP - 400 - 2024.docx


VAIBHAV
RAMESH
                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
JADHAV
Digitally signed by
VAIBHAV RAMESH
JADHAV
Date: 2026.09.02
                                          CIRCUIT BENCH AT KOLHAPUR
19:34:45 +0530

                                        CRIMINAL APPELLATE JURISDICTION


                                     CRIMINAL WRIT PETITION NO. 400 OF 2024

                      Kunal Sarjerao Ghorpade (H.U.F.)
                      Proprietor of R K Innovations                        … Petitioner
                                   V/s.
                      The State of Maharashtra & Ors.                      … Respondents

                      Mr. Piyush Toshnival (through V.C.) for the Petitioner.
                      Mr. C.D. Mali, APP for the State.



                                                        CORAM        : ASHWIN D. BHOBE, J.

                                                        DATED        : SEPTEMBER 1, 2026
                      P.C.:


                      1.      By the present Petition, the Petitioner has sought for the following

                      substantive relief:

                              “(b) This Hon’ble Court be pleased to issue appropriate Writ, Order and/or
                              Direction and thereby quash and set aside the impugned judgment & order
                              dt.12/10/2022 passed by the Ld. Additional Sessions Judge, Ichalkaranji in
                              Criminal Revision Application No.18 of 2021.”


                      2.      After having heard the matter for some time, Mr. Piyush

                      Toshnival, learned Advocate for the Petitioner, sought a pass over to

                      take instructions from the Petitioner. At the request of Mr. Piyush

                      Toshnival, learned Advocate for the Petitioner, the Petition was taken up

                      after some time.




                      VRJ                                                                                  1
                                                     5 - CR WP - 400 - 2024.docx


3.    Mr. Piyush Toshnival, learned Advocate for the Petitioner, on

instructions from the Petitioner, seeks leave to simpliciter withdraw the

present Petition. This request is not opposed by Mr. C.D. Mali, learned

APP for the State.


4.    In view of the statement made by Mr. Piyush Toshnival, learned

Advocate for the Petitioner, leave is granted to withdraw the present

Petition.


5.    Writ Petition No. 400 of 2024 stands disposed of as withdrawn.




                                          (ASHWIN D. BHOBE, J.)




VRJ                                                                           2

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