Bombay High Court

HARESH S/O MURJI PATELversusSTATE OF MAHARASHTRA

Decided: 16 September 2026
Disposal: Allowed To be withdrawn

Holding

The Court granted leave to withdraw the petition with liberty to pursue an alternate remedy.

Summary

Petitioner Haresh Patel, through counsel Ashok M. Saraogi, sought leave to withdraw his writ petition and was granted liberty to pursue an alternate remedy, relying on the Supreme Court decision in M. Subramaniam & Anr. v. S. Janaki & Anr. (2020) 16 SCC 728. The Court examined whether such leave could be granted in a criminal appellate writ petition. It held that the petition could be withdrawn with the specified liberty. Consequently, the petition was disposed of as withdrawn.

Issues considered

Whether the petitioner is entitled to leave to withdraw the writ petition with liberty to avail an alternate remedy

Subjects

withdrawal of petition
writ petition
leave to withdraw
alternate remedy
criminal appellate jurisdiction

Judgment

                               DTG                                                          19-Wp-4510-2026.doc



                                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                                     CRIMINAL APPELLATE JURISDICTION

                                                       WRIT PETITION NO. 4510 OF 2026

                               Haresh S/o. Murji Patel                                    … Petitioner
                                        V/s.
                               The State of Maharashtra                                   … Respondent
                                                  _______________________________________

                               Mr. Ashok M. Saraogi for Petitioner.

                               Smt. P.P. Shinde, A.P.P. for Respondent-State.
                                                 _______________________________________

                                                           CORAM : A. S. GADKARI AND
                                                                   KAMAL KHATA, JJ.
                                                           DATE  : 16th September 2026

                               P.C. :

                               1)              Learned Advocate for Petitioner on instructions seeks leave to

                               withdraw Petition with liberty to avail alternate remedy, in view of the

                               decision of the Hon’ble Supreme Court in the case of M. Subramaniam & Anr.

                               Vs. S. Janaki & Anr., reported in (2020) 16 SCC 728.

                               1.1)            Leave and liberty granted.

                               2)              Disposed off as withdrawn with aforesaid liberty.




                                               ( KAMAL KHATA, J. )                  ( A.S. GADKARI, J. )
            Digitally signed
            by
DNYANESHWAR DNYANESHWAR
TULSHIRAM   TULSHIRAM
GHUMNAR     GHUMNAR
            Date: 2026.09.21
            18:28:57 +0530




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