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Bombay High Court

VISHAL RASIKLAL DOSHI AND ANRversusSTATE OF MAHARASHTRA AND ANR

Disposal
Allowed

Holding

The court held that the writ petition may be withdrawn with liberty to file a fresh petition after the chargesheet is filed.

Summary

The petitioners, Mr. Vishal Rasiklal Doshi and others, filed Criminal Writ Petition No. 4145 of 2025 in the Bombay High Court, Kolhapur Bench, challenging a matter pending before the court. While the petition was pending, the investigating agency filed a chargesheet in the underlying criminal case. The petitioners then moved the court seeking permission to withdraw the writ petition and to file a fresh petition after annexing the chargesheet and raising appropriate grounds. The court, after hearing counsel, allowed the withdrawal of the writ petition with liberty to file a fresh petition. Consequently, the writ petition was disposed of as withdrawn.

Issues considered

  • Whether a criminal writ petition may be withdrawn after the filing of a chargesheet and with liberty to file a fresh petition

Subjects

  • writ petition
  • withdrawal
  • chargesheet
  • criminal procedure

Judgment

                                                           83-WP-4145-2025 (CR).doc




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

            CRIMINAL WRIT PETITION NO. 4145 OF 2025
Mr. Vishal Rasiklal Doshi & Ors.        .....Petitioners
      Vs.
State of Maharashtra & Anr.             .....Respondents
                                  .....
Mr. Amar Gharte (through V.C.), for the Petitioners.

Mr. Balaji Shinde i/b Ms. Kavita Shinde, for the Respondent No.2.

Mr. Avinash A. Naik, A.P.P., for the Respondent-State.
                                     .....
                                     CORAM: SANDESH D. PATIL, J.
                                     DATED: 2nd JULY 2026.
P. C. :

1.        Learned Counsel appearing for the Petitioners submits that during

pendency of the Petition chargesheet is filed. He 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.4145 of 2025 is disposed of as

withdrawn.


                                                  (SANDESH D. PATIL, J.)



Manisha                             1


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