Bombay High Court
SUBHASH BALWANT KADAMversusSTATE OF MAHARASHTRA AND ORS.
- Disposal
- Disposed off as Withdrawn
Holding
The Court held that a petitioner may be allowed to withdraw a criminal writ petition and be given liberty to file a fresh petition before a competent court.
Summary
The petitioner, Subhash Balwant Kadam, filed a criminal writ petition before the Bombay High Court, Kolhapur Circuit Bench, challenging actions of the State of Maharashtra and others. The petitioner later sought the Court's permission to withdraw the petition and to file a fresh petition on the same cause of action before a court having jurisdiction. The sole issue before the Court was whether it could grant such leave to withdraw and permit a fresh filing. The Court, after considering the request, granted the leave sought. Consequently, the petition was allowed to be withdrawn with liberty to file a fresh petition and was disposed of.
Issues considered
- Whether a petitioner may be permitted to withdraw a criminal writ petition and be given liberty to file a fresh petition before a court having jurisdiction
Subjects
- withdrawal of petition
- criminal writ petition
- jurisdiction
- procedural law
Judgment
1
505-WP-427-2026.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 427 OF 2026
Subhash Balwant Kadam ….Petitioner
VERSUS
State Of Maharashtra and Ors. ....Respondents
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Mr. Suryajeet P. Chavan a/w Mr. Vikram Patil, for Petitioner.
Ms. S. N. Deshmukh, APP, for the Respondent-State.
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Digitally
signed by
SHANTANU
SHANTANU
SHANKARSA
SHANKARSA
DHUDUM
CORAM : RANJITSINHA RAJA BHONSALE, J.
DHUDUM Date:
2026.05.28
17:23:01
+0530
DATE : 28th MAY, 2026.
(VACATION COURT)
P.C.
1. Learned counsel for the Petitioner, on instructions, seeks
leave to withdraw the petition with liberty to file a fresh petition on
the same cause of action before the Court having jurisdiction.
2. Leave as prayed for is granted.
3. Petition is allowed to be withdrawn with the aforesaid
liberty and disposed of.
( RANJITSINHA RAJA BHONSALE, J.)
Shantanu S. Dhudum
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