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- Allowed To be withdrawn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 The Court examined whether the petition could be withdrawn and whether the petitioners could be granted liberty to approach a lower court.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 Accordingly, the Court granted leave to withdraw and ordered the petition to be disposed of as withdrawn, with liberty to avail the alternate remedy.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- Whether a writ petition can be withdrawn with the Court’s permission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2) Disposed off as withdrawn with aforesaid liberty.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.)
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