Bombay High Court

RICHARD PAYNEversusTHE STATE OF MAHARASHTRA AND ORS

Decided: 3 September 2026
Disposal: Disposed Off

Holding

The petition is withdrawn and the petitioner is granted liberty to file a private complaint before the jurisdictional magistrate.

Summary

The petitioner, Richard Payne, filed a writ petition challenging the criminal proceedings against him. The petitioner’s counsel sought leave to withdraw the petition and instead pursue a private complaint before the jurisdictional magistrate. The Court considered whether such a withdrawal with liberty to file a private complaint was permissible. It held that the petitioner could be allowed to withdraw the petition and was granted liberty to file the private complaint. Consequently, the petition was disposed of as withdrawn.

Issues considered

Whether the petitioner may be permitted to withdraw the writ petition and file a private complaint before the magistrate

Subjects

withdrawal of petition
private complaint
criminal procedure
writ petition

Judgment

KSG 25-WP-4366-2026.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

WRIT PETITION NO.4366 OF 2026

Richard Payne … Petitioner
V/s.
The State of Maharashtra & Ors … Respondents
_______________________________________

Adv. Jessy Payne a/w Adv. Neha Parte for the Petitioner.
Adv. J.P. Yagnik, A.P.P. for Respondent No.1-State.
Mr. Vilas Rathod, Sr.P.I. a/w Mr. Sunil Nigudkar, P.I. attached to Kurla Police
Station.
_______________________________________

CORAM : A. S. GADKARI AND
KAMAL KHATA, JJ.
DATE : 3rd SEPTEMBER, 2026

P.C. :

1) Learned Advocate for the Petitioner on instructions seeks leave

to withdraw Petition with liberty to avail alternate remedy i.e. filing a private

complaint before the learned jurisdictional Magistrate, as may be permissible
Digitally
signed by
KIRAN
KIRAN SANJAY
SANJAY GHUGE
GHUGE Date:
2026.09.08
in law.
11:28:02
+0530

1.1) Leave and liberty granted.

2) Disposed off as withdrawn with aforesaid liberty.

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

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