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 Consequently, the petition stands withdrawn without any merits being decided.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- Whether a criminal writ petition challenging the issuance of process can be withdrawn when an alternate remedy is available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 Accordingly, the Writ Petition is allowed to be withdrawn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.
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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.]
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Sonali
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