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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Allowed To be withdrawn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 The judges granted the leave and liberty sought, ordering the petition to be dismissed as withdrawn.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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