Bombay High Court

SAIMA AMJAD FURNITUREWALAversusSTATE OF MAHARASHTRA AND ORS

Decided: 7 October 2026
Disposal: Disposed Off

Holding

The Court allowed the petition to be withdrawn and granted liberty to file a fresh petition, refusing to entertain the substantially amended petition.

Summary

In Criminal Writ Petition No. 4635 of 2026, the petitioner sought relief against the State of Maharashtra. The petitioner was allowed to amend the petition, but the amendment replaced all original prayers with new ones, effectively changing the petition. The Court observed that such a substantive change could not be entertained in the present proceedings. Consequently, the petitioner requested permission to withdraw the petition and file a fresh one on the same cause of action. The Court granted this request, allowing the petition to be withdrawn and permitting the filing of a fresh petition. The petition was therefore withdrawn with liberty to prefer a new petition.

Issues considered

Whether an amendment that substantially alters the prayer clauses of a petition can be entertained.
Whether a petitioner may be permitted to withdraw a petition and file a fresh petition on the same cause of action.

Subjects

petition amendment
withdrawal of petition
fresh petition
criminal writ petition
High Court of Bombay

Judgment

                                                           1 of 2                36-WP-4635-2026
                       Sagar Magar


                                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         CRIMINAL APPELLATE JURISDICTION

                                     CRIMINAL WRIT PETITION NO. 4635 OF 2026

                      Saima Amjad Furniturewala                               ..Petitioner
                            Versus
                      State of Maharashtra And Ors.                           ..Respondents

                                                  __________
                      Dr. I. A. Saiyed a/w Ms. Shwetanjali Mishra for the Petitioner.
                      Ms. Gauri Rao, APP for Respondent-State.
                                                  __________

                                            CORAM : SARANG V. KOTWAL &
                                                    RANJITSINHA RAJA BHONSALE, JJ.

                                            DATE    : 7th OCTOBER 2026
                      PC :

                      1.             In this Petition, by Order dated 16th September 2026, we

                      had permitted the learned Counsel for the Petitioner to carry out

                      the amendment, including the prayer clauses. However, when we

                      perused the amendment, all the earlier prayers were removed and

                      instead, some new prayers were substituted. This has completely

                      changed the Petition. Therefore, we are not inclined to entertain

                      the Petition in the present format.


                      2.             Learned Counsel for the Petitioner seeks permission to

                      withdraw this Petition with liberty to file a fresh Petition for the
SAGAR
SANTOSH
MAGAR
Digitally signed by
SAGAR SANTOSH
MAGAR
Date: 2026.10.08
18:56:14 +0530
                                   2 of 2               36-WP-4635-2026


same cause of action.


3.        Permission is granted.


4.        Petition is allowed to be withdrawn with liberty to prefer

a fresh Petition.




(RANJITSINHA RAJA BHONSALE, J.)             (SARANG V. KOTWAL, J.)

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