Bombay High Court
SUMAN VIJAY GUPTAversusTHE STATE OF MAHARASHTRA AND ORS
- Decided
- Disposal
- Disposed Off
- Bench
- ASHWIN D BHOBE
Holding
The Court allowed the petitioner to withdraw the writ petition, without adjudicating on the merits of the quash petition.
Summary
The petitioner filed a criminal writ petition under Article 226 of the Constitution and Section 482 of the Code of Criminal Procedure seeking a writ of mandamus to quash FIR No. RC0772022E0002 registered by the CBI for offences under the Prevention of Corruption Act and the IPC. During the pendency, the CBI informed the Court that a charge‑sheet had been filed in the trial court. The petitioner then moved to withdraw the writ petition and instead seek discharge at the trial court stage. The respondents, including the CBI, the State and SBI, did not oppose the withdrawal. The High Court granted leave to withdraw the petition, directing that any future application before the trial court be decided on its merits, and disposed of the writ petition.
Issues considered
- Whether the High Court can entertain a writ petition under Article 226 and Section 482 to quash an FIR.
- Whether the filing of a charge‑sheet affects the maintainability of the writ petition.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Constitution of India — s. 226
- Indian Penal Code, 1860 — s. 120B, 420, 477A
- Prevention of Corruption Act, 1988 — s. 13(1)(d), 13(2)
Subjects
- quash FIR
- writ jurisdiction
- Article 226
- Section 482
- withdrawal of petition
- criminal procedure
- prevention of corruption
- IPC offences
Judgment
Digitally signed
by ARUNA
ARUNA SANDEEP
SANDEEP TALWALKAR
TALWALKAR Date:
2026.01.13
21:29:09 +0530
15.WP4664.2022.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO.4664 OF 2022
Suman Vijay Gupta. … Petitioner.
V/s.
The State of Maharashtra & Ors. … Respondents.
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Mr. Dev Mistry i/b. Y & A Legal, Advocate for Petitioner.
Mr. Amit Munde, Spl. P.P. for Respondent No. 2/CBI.
Mr. Tanveer Khan, APP for Respondent/State.
Mr. Mandar Soman i/b. Mr. Vivek S. Sawant, Advocate for
Respondent No. 3 SBI.
---
CORAM : ASHWIN D. BHOBE, J.
DATE : 8th JANUARY, 2026.
P.C. :
1. By the present Petition filed under Article 226 of the
Constitution of India and Section 482 of the Code of Criminal
Procedure, 1973, the Petitioner has sought for the following
substantive relief :
(a) that this Hon'ble Court may be pleased to issue a writ
or a writ in the nature of Mandamus or any other
appropriate writ, order or direction to quash and set
aside the FIR bearing No. RC0772022E0002 registered at
the instance of Central Bureau of Investigation, BS & FB,
Mumbai for offences punishable under Section 13(2)
read with Section 13(1)(d) Prevention of Corruption Act,
1988 and Sections 420, 477A read with 120B of IPC;
Talwalkar 1
15.WP4664.2022.doc
2. Mr. Amit Munde, learned Special P.P. for the
Respondent No. 1 on instructions states that during the pendency
of the present Petition, charge-sheet in respect of the subject FIR
has been presented to the Court having jurisdiction.
3. Mr. Dev Mistry, learned Advocate for the Petitioner
craves leave to withdraw the present Petition with liberty to file an
application seeking discharge before the Trial Court at the
appropriate stage. Said request is not objected to by Mr. Amit
Munde learned Special P.P. for the Respondent No. 2 CBI, Mr.
Tanveer Khan, learned APP for Respondent-State and Mr. Mandar
Soman, learned Advocate for Respondent No. 3.
4. In view of the above, leave granted to the Petitioner to
withdraw the present Writ Petition with liberty to as prayed. If any
application is filed by the Petitioner before the Trial Court, the
same be considered on its own merits and in accordance with law.
5. Writ Petition No. 4664 of 2022 is disposed..
(ASHWIN D. BHOBE, J.)
Talwalkar 2
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