Bombay High Court
VEENA OMPRAKASH GARGversusRAJESH RATANLAL SULTANIYA AND ORS
- Decided
- Disposal
- Allowed To be withdrawn
Holding
Leave to withdraw the petition and liberty to file proceedings under Section 379 of the Bharatiya Nagarik Suraksha Sanhita were granted.
Summary
The petitioner, Veena Omprakash Garg, filed a criminal writ petition (No. 3036 of 2026) and later moved the Bombay High Court seeking permission to withdraw that petition. She also requested liberty to initiate appropriate proceedings under Section 379 of the Bharatiya Nagarik Suraksha Sanhita. The learned counsel for the petitioner, Mahesh Govalkar together with Darsh Chauhan, made the application. The Court examined whether the petitioner could be allowed to withdraw the writ and be given freedom to pursue a fresh criminal remedy. The judges, A.S. Gadkari and Kamal Khata, granted the leave to withdraw and the liberty to file the new proceedings. Consequently, the original writ petition (No. 4075 of 2026) was disposed of as withdrawn.
Issues considered
- Whether the petitioner may be granted leave to withdraw the criminal writ petition.
- Whether the court can grant liberty to the petitioner to file fresh proceedings under Section 379 of the Bharatiya Nagarik Suraksha Sanhita.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 379
Subjects
- withdrawal of petition
- criminal writ
- procedural law
- Section 379
- Bharatiya Nagarik Suraksha Sanhita
Judgment
pmk 16-WP-4075-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO.4075 OF 2026
Veena Omprakash Garg … Petitioner
V/s.
Rajesh Ratanlal Sultaniya & Ors. … Respondents
Mr. Mahesh Govalkar a/w Mr. Darsh Chauhan i/by Singhania Legal Services
for the Petitioner.
Mr. Ashish I. Satpute, APP for the Respondent-State.
CORAM : A. S. GADKARI AND
KAMAL KHATA, JJ.
DATE : 19th August, 2026
P.C.:-
1) Learned Advocate for Petitioner, on instructions seeks leave to
withdraw Petition with liberty to file appropriate proceedings under Section
379 of Bharatiya Nagarik Suraksha Sanhita in Criminal Writ Petition
No.3036 of 2026.
1.1) Leave and liberty granted.
2) Disposed off as withdrawn with aforesaid liberty.
(KAMAL KHATA, J.) (A.S. GADKARI, J.)
Digitally
signed by
PRIYANKA
PRIYANKA
MADHAVRAO
MADHAVRAO KALE
1/1
KALE Date:
2026.08.25
13:42:27
+0530
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