Bombay High Court

RUPESH CHAKRAVEER MAHINDRAKARversusTHE STATE OF MAHARASHTRA AND ANR

Disposal: Disposed off as Withdrawn
Bench: SANDESH D PATIL

Holding

The Court may allow the withdrawal of a criminal writ petition when a chargesheet is filed, enabling the petitioner to initiate fresh proceedings.

Summary

The petitioner, Rupesh Chakraveer Mahindrakar, had filed a criminal writ petition which remained pending before the Bombay High Court. During the pendency, the investigating agency filed a chargesheet against the petitioner. The petitioner, through counsel, sought permission to withdraw the writ petition so that a fresh petition could be filed incorporating the chargesheet and new grounds. The Court, exercising its inherent jurisdiction, granted leave to withdraw the petition as prayed for. Consequently, the writ petition was disposed of as withdrawn.

Issues considered

Whether the High Court can permit the withdrawal of a pending criminal writ petition after the filing of a chargesheet, allowing the petitioner to file a fresh petition.

Subjects

writ petition
withdrawal
chargesheet
criminal procedure
High Court

Judgment

                                                          942-WP-4039-2022 (CR).doc




            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIRCUIT BENCH AT KOLHAPUR
                   CRIMINAL APPELLATE JURISDICTION

            CRIMINAL WRIT PETITION NO. 4039 OF 2022
Rupesh Chakraveer Mahindrakar                 …...Petitioner
      VS.
State of Maharashtra & Anr.                   …...Respondents
                                 ...
Ms. Mahalakshmi Dakshine, for the Petitioner.

Mr. Pankaj Deokar, A.P.P., for the Respondent-State.
                                     ...

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

1.        Learned Counsel appearing for the Petitioner submits that during

pendency of the Petition chargesheet is filed. She seeks to withdraw the

Writ Petition with liberty to file a fresh Petition after annexing the

chargesheet as well as taking grounds and making necessary prayers.

Leave granted to withdraw this Petition with liberty as prayed for.



2.        Accordingly, Writ Petition No.4039 of 2022 is disposed of as

withdrawn.



                                                  (SANDESH D. PATIL, J.)



Manisha                             1

              Digitally signed
           by MANISHA
MANISHA    BALKRISHNA
BALKRISHNA TALEKAR
TALEKAR    Date: 2026.08.04
              10:54:21 +0530

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