Bombay High Court

AMIT VIKAS PARALKARversusTHE STATE OF MAHARASHTRA AND ORS

Decided: 8 September 2026
Disposal: Disposed Off

Holding

The Court allowed the petition to be withdrawn while granting liberty to seek the remedy under the Supreme Court precedent.

Summary

The petitioner, Amit Vikas Paralkar, filed a writ petition in the Bombay High Court. Counsel for the petitioner sought leave to withdraw the petition while retaining the liberty to pursue the remedy outlined by the Supreme Court in M. Subramaniam & Anr. Vs. S. Janaki & Anr. (2020) 16 SCC 728. The Court granted the requested leave and liberty. Consequently, the petition was formally withdrawn. No substantive merits of the original petition were adjudicated.

Issues considered

Whether a writ petition may be withdrawn with liberty to avail the remedy as indicated by the Supreme Court in M. Subramaniam & Anr. Vs. S. Janaki & Anr.

Subjects

withdrawal of writ petition
liberty to file fresh remedy
Bombay High Court
criminal appellate jurisdiction
Supreme Court precedent

Judgment

                 ssm                                                       28-wp4405.2026.doc

                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                      CRIMINAL APPELLATE JURISDICTION

                                       WRIT PETITION NO. 4405 OF 2026

            Amit Vikas Paralkar                                            …..Petitioner

                     Vs.

            The State Of Maharashtra & Ors.                                …..Respondents

                                     ____________________________________

            Adv. Gayatri Nayak i/by Adv. Rajesh Khobragade for the Petitioner.
            Shri. J.P. Yagnik APP, for the Respondent-State.
                               ____________________________________

                                                  CORAM :      A. S. GADKARI AND
                                                               KAMAL KHATA, JJ.
                                                     DATE :    8th SEPTEMBER, 2026.


            P.C.:-

            1)                  Learned counsel for the Petitioner on instructions seeks leave

            to withdraw Petition with liberty to avail remedy 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.)


             Digitally signed
          by SANJIV
SANJIV    SHARNAPPA
SHARNAPPA MASHALKAR                                                                             1/1
MASHALKAR Date: 2026.09.17
             10:43:29 +0530

Continue reading with your account

Checking your session…