Bombay High Court
FIROZAKHTAR ALIKHATAR SIDDIQUEversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed To be withdrawn
Holding
The petition is dismissed as withdrawn, granting the petitioner liberty to re‑file after the charge‑sheet is filed.
Summary
Petitioner Firozakhtar Alikhatar Siddique filed a writ petition seeking relief, but expressed a desire to withdraw the petition and re‑file after the charge‑sheet is filed. The Court, after hearing counsel, indicated a reluctance to grant the petition but, respecting the petitioner’s request, allowed the withdrawal with liberty to re‑file later. The Court emphasized that an accused has a statutory right to withdraw a petition and seek redress after the charge‑sheet is filed. Consequently, the petition was dismissed as withdrawn. No substantive merits of the petition were addressed.
Issues considered
- What is the appropriate procedure for a petitioner to withdraw a writ petition and re‑file it after a charge‑sheet is filed?
Subjects
- writ petition
- withdrawal
- criminal procedure
- charge-sheet
- statutory right
Judgment
6.WP.4078.2026.doc
HARSHADA H. SAWANT
(P.A.)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO.4078 OF 2026
Firozakhtar Alikhatar Siddique .. Petitioner
Versus
The State of Maharashtra .. Respondent
....................
Mr. Ravi Gupta, Advocate for Petitioner.
Ms. Rajeshree V. Newton, APP for Respondent – State.
...................
CORAM : MILIND N. JADHAV, J.
DATE : AUGUST 29, 2026
P.C.:
1. Heard Mr. Gupta, learned Advocate for Petitioner and Ms.
Newton, learned APP for Respondent – State.
2. In the present Petition, after expressing my disinclination to
Mr. Gupta to grant the present Petition, Mr. Gupta in his usual fair-
mindedness, requested the Court to allow the Petitioner to withdraw
the present Petition with liberty to file the same after the charge-sheet
has been filed. That leave and liberty undoubtedly should be granted
to any Accused person to allow him to exercise his statutory right in
accordance with law.
3. Reserving that liberty, the present Petition is dismissed as
withdrawn.
H. H. SAWANT [ MILIND N. JADHAV, J. ]
Digitally signed
HARSHADA by HARSHADA
HANUMANT
HANUMANT SAWANT
SAWANT Date: 2026.08.29
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