Bombay High Court
VED PRAKASHversusSTATE OF MAHARASHTRA AND ANR
- Decided
- Disposal
- Disposed off as Withdrawn
Holding
The writ petition is allowed to be withdrawn and disposed of, with liberty to avail the alternate remedy and all merits kept open.
Summary
The petitioner, Arjun Vitthal, filed a writ petition challenging an order of the State of Maharashtra. Counsel for the petitioner argued that an alternate legal remedy exists to contest the impugned order. Accordingly, the petitioner sought to withdraw the writ petition while preserving the right to pursue the alternate remedy. The Court examined whether such a withdrawal could be permitted without prejudice to the merits. It held that the petition could be withdrawn and disposed of, granting the petitioner liberty to approach the alternate forum. The Court expressly kept all substantive contentions on the merits open for future determination.
Issues considered
- Whether a writ petition may be withdrawn when an alternate remedy is available
- Whether withdrawal of the petition precludes consideration of the merits
Subjects
- writ petition
- withdrawal
- alternate remedy
- criminal appellate jurisdiction
- procedural law
Judgment
24-WP-4472-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ARJUN WRIT PETITION NO.4472 OF 2026
VITTHAL
KUDHEKAR Ved Prakash ...Petitioner
Digitally signed by
ARJUN VITTHAL Versus
KUDHEKAR
Date: 2026.09.22 The State of Maharashtra & Anr. ...Respondents
20:03:08 +0530
——————
Mr. Yashpal Thakur a/w Abhishek Gupta & Ritisha Choudhary i/b MZM
Legal LLP, for the Petitioner.
Mr. S. S. Ghag, APP, for the Respondent-State.
——————
Coram: Madhav J. Jamdar, J.
Date: 22 September 2026
P.C.:
1. Mr. Thakur, learned Counsel appearing for the Petitioner states
that there is an alternate remedy to challenge the impugned Order and,
therefore, on instructions, 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 Accordingly, the Writ Petition is allowed to be withdrawn and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.
3. It is clarified that all contentions on merits are expressly kept
open.
[Madhav J. Jamdar, J.]
Arjun 1
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