Bombay High Court

SALMA MD. RAFIQ SAYYED WIFE OF MD. RAFIQ CHAND SAYYED (DECEASED) AND ORSversusSTATE OF MAHARASHTRA AND ORS

Decided: 24 September 2026
Disposal: Disposed Off

Holding

The Court held that leave to withdraw a writ petition may be granted with liberty to file a Section 340 CrPC application.

Summary

The petitioners, Salma Md. Rafiq Sayyed and others, filed a writ petition in the Bombay High Court seeking relief against the State of Maharashtra. They later approached the Court requesting leave to withdraw the petition and to be permitted to file an application under Section 340 of the Code of Criminal Procedure. The Court examined whether a writ petition could be withdrawn after filing and whether liberty could be granted to pursue a Section 340 application. Relying on the provisions of the CrPC and established principles of procedural liberty, the Court found no legal impediment to granting the request. Consequently, the Court granted leave to withdraw the petition and expressly allowed the petitioners to file the contemplated Section 340 application. The petition was thereafter disposed of as withdrawn.

Issues considered

Whether a writ petition filed in the High Court can be withdrawn at the petitioners' request.
Whether the Court can grant liberty to the petitioners to file an application under Section 340 of the Code of Criminal Procedure after withdrawal of the writ petition.

Legislation cited

Code of Criminal Procedure, 1973 — s. 340

Subjects

withdrawal of writ petition
Section 340 CrPC
high court procedure
criminal appellate jurisdiction
petitioners' liberty

Judgment

                           apn                                                   10-criwp-4561-2026.doc




                                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                              CRIMINAL APPELLATE JURISDICTION

                                               WRIT PETITION NO. 4561 OF 2026

                      Salma Md. Rafiq Sayyed Wife of
                      Md. Rafiq Chand Sayyed (deceased) & Ors.               … Petitioners

                                 V/s.

                      State of Maharashtra & Ors.                            … Respondents


                      Mr. Satish Muley, a/w Adv. Mosin Naik and Adv. Aaron Dias for the
                      Petitioners.
                      Mr. Ajay Patil, APP, for the Respondent-State.


ASHWINI                                                   CORAM :      A. S. GADKARI AND
PRASAD
NARHIRE                                                                KAMAL KHATA, JJ.
Digitally signed by
ASHWINI PRASAD                                               DATE :    24th September, 2026
NARHIRE
Date: 2026.10.03
14:39:24 +0530

                      P.C.:-

                      1)                Learned Advocate for the Petitioners on instructions seeks leave

                      to withdraw Petition with liberty to file appropriate application as

                      contemplated under Section 340 of Code of Criminal Procedure before the

                      concerned Court.

                      1.1)              Leave and liberty granted.

                      2)                Disposed off as withdrawn with aforesaid liberty.



                                   (KAMAL KHATA, J.)                    (A.S. GADKARI, J.)


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