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Bombay High Court

NIRMALA BABU NAIK A.K.A. CHANDRABAI KASHINATH MALI AND ORSversusTHE STATE OF MAHARASHTRA AND ORS

Decided
Disposal
Allowed To be withdrawn

Holding

The petition may be withdrawn, provided the petitioners are granted liberty to file a complaint before the appropriate criminal court.

Summary

The petitioners, Nirmala Babu Naik and others, filed a writ petition in the Bombay High Court seeking leave to withdraw the petition and to be permitted to file a criminal complaint before a Judicial Magistrate or Special Court, invoking the Supreme Court's guidance in M. Subramaniam v. S. Janaki. The respondents, the State of Maharashtra, opposed the withdrawal. The Court examined whether a petition could be withdrawn while granting liberty to pursue an alternate remedy under the precedent. Relying on the Supreme Court decision, the Court held that such withdrawal is permissible. Consequently, the Court granted the petitioners leave to withdraw the petition and expressly allowed them to file a complaint before the appropriate criminal court. The petition was thereafter disposed of as withdrawn.

Issues considered

  • Whether a writ petition may be withdrawn with liberty to avail an alternate remedy of filing a criminal complaint before a Judicial Magistrate or Special Court

Subjects

  • withdrawal of petition
  • alternate remedy
  • criminal procedure
  • writ petition
  • Supreme Court precedent

Judgment

                            apn                                                 3-wp-4345-2026.doc




                                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                           CRIMINAL APPELLATE JURISDICTION

                                             WRIT PETITION NO.4345 OF 2026

                     Nirmala Babu Naik A.K.A.
                     Chandrabai Kashinath Mali & Ors.                     … Petitioners

                              V/s.

                     The State of Maharashtra & Ors.                      … Respondents



                     Mr. Kailas Dewal, i/by Mr. Yash Dewal and Mr. Ashwin Kulkarni for the
                     Petitioner.
                     Mr. J.P. Yagnik, APP for the Respondent-State.

                                                       CORAM :      A. S. GADKARI AND
                                                                    KAMAL KHATA, JJ.
                                                          DATE :    17th September, 2026
                     P.C.:-
        Digitally
        signed by
        ASHWINI
ASHWINI PRASAD       1)              Mr. Dewal, learned Advocate for the Petitioners on instructions
PRASAD NARHIRE
NARHIRE Date:
        2026.09.19
        12:16:06
        +0530
                     seeks leave to withdraw the Petition with liberty to avail alternate remedy

                     of filing a complaint before Judicial Magistrate/Special Court as enunciated

                     by the Hon’ble Supreme Court in the case of M. Subramaniam & Anr. Vs. S.

                     Janaki & Anr. reported in (2020) 16 SCC 728.

                     1.1)            Leave and liberty granted.

                     2)              Disposed off as withdrawn with aforesaid liberty.



                                  (KAMAL KHATA, J.)                  (A.S. GADKARI, J.)

                                                                                                     1/1


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