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Bombay High Court

SAKSHI VIJAY CHOPRAversusTHE STATE OF MAHARASHTRA AND ANR

Decided
Disposal
Disposed Off

Holding

The Court permitted the withdrawal of the writ petition and ordered its disposal without addressing the merits.

Summary

Sakshi Vijay Chopra filed a criminal writ petition before the Bombay High Court challenging the issuance of a process by the State of Maharashtra. The petitioner’s counsel argued that an alternate remedy was available and therefore sought to withdraw the writ petition while retaining the right to pursue the alternate remedy. The Court considered the request and allowed the withdrawal of the petition. It ordered the petition to be disposed of, granting the liberty sought by the petitioner. The Court expressly noted that it had not examined the merits of the underlying dispute and that all substantive contentions remain open for future adjudication. Consequently, the petition stands withdrawn without any merits being decided.

Issues considered

  • Whether a criminal writ petition challenging the issuance of process can be withdrawn when an alternate remedy is available

Subjects

  • writ petition
  • withdrawal
  • alternate remedy
  • criminal appellate jurisdiction
  • process issuance

Judgment

                                                                      907-WP-4424-2026.DOC




                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    CRIMINAL APPELLATE JURISDICTION
       Digitally
       signed by
       SONALI
SONALI MILIND                   CRIMINAL WRIT PETITION NO.4424 OF 2026
MILIND PATIL
PATIL Date:
       2026.09.03
       10:32:56
       +0530
                    Sakshi Vijay Chopra                                  …Petitioner
                          Versus
                    The State of Maharashtra & Anr.                      …Respondents


                    Mr. Pratik Thakkar a/w. Mr. Yashovardhan Deshmukh and Ms. Jyoti
                    Yadav i/b. Khaitan & Co., for the Petitioner.
                    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 Petitioner 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
                                                   907-WP-4424-2026.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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