Bombay High Court

SURESH DATTATRAY PATILversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal: Disposed off as Withdrawn
Bench: SANDESH D PATIL

Holding

The Court held that a petitioner may be allowed to withdraw a criminal writ petition and be given liberty to file a fresh petition.

Summary

The petitioner, Suresk Dattatray Patil, filed a criminal writ petition challenging the proceedings against him. After the charge-sheet was filed, he sought the Court's permission to withdraw the petition and to file a fresh one. The petition raised the procedural question of whether a writ petition can be withdrawn after the charge-sheet is filed. The Court, after hearing counsel, granted the leave to withdraw, noting that no prejudice would arise and that the petitioner retained the right to approach the Court afresh. Consequently, the petition was withdrawn and disposed of.

Issues considered

Whether a petitioner may be permitted to withdraw a criminal writ petition after the charge-sheet has been filed
Whether the Court can grant liberty to file a fresh petition after withdrawal

Subjects

withdrawal of petition
criminal writ petition
procedural law
charge-sheet

Judgment

                                                               71-WP-4470-2025 (CR).doc




            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIRCUIT BENCH AT KOLHAPUR
                   CRIMINAL APPELLATE JURISDICTION

                CRIMINAL WRIT PETITION NO. 4470 OF 2025

Suresh Dattatray Patil                            …...Petitioner
     Vs.
The State of Maharashtra & Anr.                   …...Respondents

                                   ...
Mr. Viraj Nalavade with Ms. Tanvi Lad, Ms. Sharvari Tipugade, and Mr.
Girish Mujumdar, Advocate for Petitioner.
Mr. Avinash Naik, APP for Respondent-State.
                                   ...


                                         CORAM: SANDESH D. PATIL, J.
                                         DATED: 22nd JUNE 2026.
P. C. :

1.        The learned counsel appearing for the Petitioner states, that the

charge-sheet has been filed and, therefore, seeks leave of this Court to

withdraw the Petition with liberty to file a fresh petition.

2.        Leave as prayed for is granted. The Petition is permitted to be

withdrawn with liberty as prayed for.

3.        The Petition is disposed of as withdrawn.


                                                      (SANDESH D. PATIL, J.)




Suresh                               1

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