Bombay High Court
MOHAMMAD KHALID MUKHTAR AHMED SHAIKH @ GUDDUversusSTATE OF MAHARASHTRA AND ORS
- Decided
- Disposal
- Allowed To be withdrawn
Holding
Leave to withdraw the petition was granted with liberty to avail an alternate remedy under the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
Petitioner Mohammed Khalid Mukhtar sought leave to withdraw his writ petition and to pursue an alternative remedy under the Bharatiya Nagarik Suraksha Sanhita, 2023. The petition was filed in the High Court of Bombay under criminal appellate jurisdiction against the State of Maharashtra and others. The learned counsel for the petitioner requested the court's permission to withdraw, arguing that the alternate statutory remedy would be more appropriate. The court examined whether a petitioner may be allowed to withdraw a writ petition and simultaneously be granted liberty to approach another forum. The judges granted the leave and liberty sought, ordering the petition to be dismissed as withdrawn. Consequently, the matter was closed without further adjudication on the merits.
Issues considered
- Whether a petitioner may be permitted to withdraw a writ petition pending before the High Court
- Whether the court can grant liberty to the petitioner to pursue an alternate remedy under the Bharatiya Nagarik Suraksha Sanhita, 2023
Legislation cited
Subjects
- petition withdrawal
- alternate remedy
- Bharatiya Nagarik Suraksha Sanhita
- writ petition
- High Court of Bombay
- criminal appellate jurisdiction
Judgment
TRUPTI
SADANAND
BAMNE
Digitally signed by
TRUPTI SADANAND
BAMNE
Date: 2026.10.05
10:21:27 +0530
TSB 40-wp-4567-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO. 4567 OF 2026
Mohammed Khalid Mukhtar
Ahmed Shaikh @ Guddu … Petitioner
V/s.
State of Maharashtra & Ors. … Respondents
Ms. Swati Dube for the Petitioner.
Mrs. Madhavi H. Mhatre, APP, for the Respondent -State.
Mr. Machindra Kolhe, API, Bhiwandi City Police Station, present.
CORAM : A. S. GADKARI AND
KAMAL KHATA, JJ.
DATE : 29th September, 2026
P.C.:-
1) Learned Advocate for the Petitioner on instructions seeks leave
to withdraw Petition with liberty to avail an alternate remedy available
under the provisions of Bharatiya Nagarik Suraksha Sanhita, 2023.
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2) Disposed off as withdrawn with aforesaid liberty.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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