Bombay High Court
BHARAT ANANDversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
Holding
The writ petition may be withdrawn with liberty to avail the alternate remedy, and the court need not consider the merits.
Summary
Bharat Anand and another filed a criminal writ petition challenging the issuance of process by the State of Maharashtra. The petitioners' counsel argued that an alternate remedy was available and requested to withdraw the writ petition while retaining the right to pursue that remedy. The High Court allowed the withdrawal of the petition and ordered its disposal, expressly noting that it had not examined the merits of the case. The court clarified that the merits remain open for consideration in any future proceedings. No substantive adjudication on the underlying issues was made.
Issues considered
- Whether a criminal writ petition challenging the issuance of process can be withdrawn when an alternate remedy is available
- Whether the court must decide the merits of the petition before allowing its withdrawal
Subjects
- Writ petition
- Withdrawal
- Alternate remedy
- Criminal appellate jurisdiction
- Process issuance
Judgment
906-ABA-4423-2026.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
Digitally
signed by
SONALI
SONALI MILIND CRIMINAL WRIT PETITION NO.4423 OF 2026
MILIND PATIL
PATIL Date:
2026.09.03
10:32:57
+0530
Bharat Anand & Anr. …Petitioners
Versus
The State of Maharashtra …Respondent
Mr. Pratik Thakkar a/w. Mr. Yashovardhan Deshmukh and Ms. Jyoti
Yadav i/b. Khaitan & Co., for the Petitioners.
Mrs. M. R. Tidke, APP, for the Respondent-State.
Ms. Dhanalakshmi S. Krishnalyer, APP, for the Respondent-State.
CORAM: MADHAV J. JAMDAR, J.
DATED : 2nd SEPTEMBER 2026
PC:-
1. Learned Counsel appearing for the Petitioners submits that
the order challenged in the Writ Petition is the issuance of process
and as there is an alternate remedy available, he seeks withdrawal
of the Writ Petition with liberty to avail the alternate remedy.
2. Accordingly, the Writ Petition is allowed to be withdrawn
and disposed of as such with liberty as sought.
Page 1
Sonali
906-ABA-4423-2026.DOC
3. It is clarified that this Court has not considered the merits
and all contentions, on merits are expressly kept open.
[MADHAV J. JAMDAR, J.]
Page 2
Sonali
Checking your session…