Bombay High Court
MAHIPAL SHAM CHAVANversusTHE STATE OF MAHARASHTRA AND ORS
- Decided
- Disposal
- Allowed To be withdrawn
Holding
The writ petition may be withdrawn with liberty to file a substantive petition challenging the detention order.
Summary
The petitioner, Mahipal Sham Chavan, filed a writ petition challenging his detention. The respondent State filed an affidavit stating that the detention order and supporting documents were served on the detainee, and included the detainee's signed acknowledgment. On this basis, the petitioner's counsel chose not to press the writ petition and instead sought permission to withdraw it and file a substantive petition challenging the detention order and its grounds. The Court examined the affidavit and the petitioner's request and found no impediment to allowing the withdrawal. Accordingly, the Court granted liberty to withdraw the writ petition and to file a substantive petition thereafter.
Issues considered
- Whether a writ petition challenging detention may be withdrawn at the petitioner's request
- Whether the petitioner may be granted liberty to file a substantive petition challenging the detention order and its grounds
Subjects
- detention
- writ petition
- withdrawal
- substantive petition
- criminal appellate jurisdiction
Judgment
Ingale 38-WP-4272-26.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Digitally signed
URMILA
by URMILA
PRAMOD
INGALE
CRIMINAL APPELLATE JURISDICTION
PRAMOD Date:
INGALE 2026.09.02
10:30:46
+0530
WRIT PETITION NO. 4272 OF 2026
Mahipal Sham Chavan … Petitioner
Versus
The State of Maharashtra and ors. .… Respondents
****
Mr. Kayval P. Shah, for the Petitioner.
Ms. M.M. Deshmukh, APP for the Respondent-State.
****
CORAM : SARANG V. KOTWAL &
RANJITSINHA RAJA BHONSALE, JJ.
DATE : 31st AUGUST, 2026
P.C. :
1. The learned APP has filed an affidavit mentioning that all
the documents and the grounds of detention are served on the
detenu. She also relied on the acknowledgment in the form of
signature of the Petitioner himself confirming the same at page 56
of the affidavit.
2. In view of this affidavit, learned counsel for the Petitioner
does not press this Petition. He seeks liberty to file a substantive
Petition challenging the detention order and the grounds of
detention.
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Ingale 38-WP-4272-26.odt
3. Permission is granted.
4. The Writ Petition is allowed to be withdrawn with such
liberty.
(RANJITSINHA RAJA BHONSALE, J.) (SARANG V. KOTWAL, J.)
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