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Bombay High Court

SANTOSH HARICHANDRA CHAUDHARY AND ORSversusTHE STATE OF MAHARASHTRA AND ORS

Decided
Disposal
Allowed To be withdrawn

Holding

The Court granted leave to withdraw the writ petition and liberty to file a complaint before a Judicial Magistrate/Special Court.

Summary

The petitioners, Santosh Harichandra Chaudhary and others, filed a writ petition in the Bombay High Court seeking leave to withdraw the petition. They requested liberty to pursue an alternative remedy by filing a complaint before a Judicial Magistrate or Special Court, citing the Supreme Court decision in M. Subramaniam & Anr. v. S. Janaki & Anr. (2020) 16 SCC 728. The respondents, the State of Maharashtra, opposed the withdrawal. The Court examined whether the petition could be withdrawn and whether the petitioners could be granted liberty to approach a lower court. It held that the petitioners were entitled to withdraw the writ petition and be permitted to file a complaint in the appropriate forum. Accordingly, the Court granted leave to withdraw and ordered the petition to be disposed of as withdrawn, with liberty to avail the alternate remedy.

Issues considered

  • Whether a writ petition can be withdrawn with the Court’s permission
  • Whether the petitioners may be granted liberty to file a complaint before a Judicial Magistrate or Special Court as an alternative remedy

Subjects

  • withdrawal of writ petition
  • alternative remedy
  • criminal procedure
  • high court
  • liberty to file complaint

Judgment

                          apn                                                  11-wp-4379-2026.doc




                                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                           CRIMINAL APPELLATE JURISDICTION

                                             WRIT PETITION NO.4379 OF 2026


                     Santosh Harichandra Chaudhary & 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. S.V. Gavand, APP for the Respondent-State.

                                                       CORAM :      A. S. GADKARI AND
                                                                    KAMAL KHATA, JJ.
                                                          DATE :    17th September, 2026
                     P.C.:-

        Digitally
                     1)              Mr. Dewal, learned Advocate for the Petitioners on instructions
        signed by
        ASHWINI
ASHWINI PRASAD
PRASAD NARHIRE
NARHIRE Date:
        2026.09.19
        12:16:05
                     seeks leave to withdraw Petition with liberty to avail alternate remedy of
        +0530



                     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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