Bombay High Court

TUSHAR EKNATH MOHITEversusSTATE OF MAHARASHTRA AND ANR

Disposal: Allowed
Bench: SANDESH D PATIL

Holding

The Court allowed the petitioner to withdraw the writ petition with liberty to file a fresh petition.

Summary

The petitioner, Tushar Eknath Mohite, filed a criminal writ petition challenging the proceedings against him. After the charge-sheet was filed by the State, the petitioner sought permission to withdraw the petition and to file a fresh one. The petitioner’s counsel argued that the filing of the charge-sheet rendered the present petition redundant. The Court examined whether a petition can be withdrawn after a charge-sheet is filed. The Court granted leave to withdraw the petition with liberty to file a fresh petition. Consequently, the petition was disposed of as withdrawn.

Issues considered

What is the appropriate procedure for withdrawing a criminal writ petition after a charge-sheet has been filed?

Subjects

criminal procedure
withdrawal of petition
charge-sheet
writ petition
high court

Judgment

                                                                66-WP-4249-2024 (CR).doc




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

                CRIMINAL WRIT PETITION NO. 4249 OF 2024

Tushar Eknath Mohite                         .....Petitioner
      Vs.
State of Maharashtra & Anr.                  .....Respondents

                                  .....
Ms. Vaishnavi Shelake i/b Mr. Sachin Deokar, for the Petitioner.
Mr. S. V. Gavand, APP for the Respondent-State.
                                  .....


                                         CORAM: SANDESH D. PATIL, J.
                                         DATED: 2nd JULY 2026.
P. C. :

1.        The learned counsel appearing for the Petitioner states, that the

charge-sheet has been filed and, therefore, seeks leave of this Court to

withdraw the Petition with liberty to file a fresh petition.

2.        Leave as prayed for is granted. The Petition is permitted to be

withdrawn with liberty as prayed for.

3.        The Petition is disposed of as withdrawn.


                                                      (SANDESH D. PATIL, J.)




Suresh
                                     1

Continue reading with your account

Checking your session…