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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The writ petition may be withdrawn with liberty to avail the alternate remedy, and the court need not consider the merits.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  • Whether a criminal writ petition challenging the issuance of process can be withdrawn when an alternate remedy is available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


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