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- Allowed To be withdrawn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The petition may be withdrawn, provided the petitioners are granted liberty to file a complaint before the appropriate criminal court.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 The Court examined whether a petition could be withdrawn while granting liberty to pursue an alternate remedy under the precedent.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 The petition was thereafter disposed of as withdrawn.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- Whether a writ petition may be withdrawn with liberty to avail an alternate remedy of filing a criminal complaint before a Judicial Magistrate or Special Court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2) Disposed off as withdrawn with aforesaid liberty.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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