Bombay High Court

VISHWANATH PANDURANG DALVI AND ORS.versusSTATE OF MAHARASHTRA AND ANR.

Disposal: Disposed off as Withdrawn
Bench: SANDESH D PATIL

Holding

The writ petition is allowed to be withdrawn, with liberty to the petitioners to file a fresh petition if a charge-sheet is later filed.

Summary

The petitioners, Vishwanath Pandurang Dalvi and others, filed a criminal writ petition challenging a complaint pending before the Judicial Magistrate First Class (JMFC) in Mandangad. Respondent No. 2, through counsel, undertook to withdraw the complaint, and consequently the petitioner's counsel agreed to withdraw the writ petition, seeking liberty to file a fresh petition if a charge-sheet is later filed. The court considered whether the petition could be withdrawn in light of the undertaking and the petitioner's request for future relief. Relying on the counsel's undertaking, the court permitted the withdrawal of the petition with liberty to approach the court again if needed. The petition was therefore disposed of as withdrawn.

Issues considered

What is the effect of the respondent's undertaking to withdraw the pending complaint on the pending writ petition?
Whether the petitioners may be granted liberty to file a fresh petition if a charge-sheet is filed in the future?

Subjects

writ petition
withdrawal
criminal appellate jurisdiction
complaint
liberty to file fresh petition

Judgment

75-WP-4671-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Digitally signed

HARISH
by HARISH
VITHAL
CIRCUIT BENCH AT KOLHAPUR
VITHAL CHAUDHARI
CHAUDHARI Date:
2026.08.07
CRIMINAL APPELLATE JURISDICTION
19:02:04 +0530

CR. WRIT PETITION NO. 4671 OF 2025

Vishwanath Pandurang Dalvi And Ors. ...Petitioners
Versus
State Of Maharashtra And Anr. ...Respondents
…..
Mr. Paras Yadav for the Petitioners.
Smt. P. S. Rane APP for the Respondent No. 1-State.
Mr. Shreyash Sudhir Butala for the Respondent No.2
…..

CORAM : SANDESH D. PATIL, J.
DATED : 6th AUGUST 2026.
P. C. :

1. Learned counsel for Respondent No. 2, on instructions, undertakes that

Respondent No. 2 shall not press up the complaint which is put for

verification before the learned JMFC, Mandangad, and shall withdraw the

same.

2. In view of the statement made by the learned counsel for Respondent

No. 2, the learned counsel for the Petitioner agrees to withdraw the present

Petition. He, however, submits that in the event a charge-sheet is filed, the

Petitioner may be granted liberty to file a fresh petition raising all such

grounds as may be permissible in law.

3. In view of the undertaking given by the learned counsel for

Harish 1
75-WP-4671-2025.doc

Respondent No. 2 that Respondent No. 2 shall withdraw the complaint

pending before the learned JMFC, Mandangad, the Petition is permitted to be

withdrawn with liberty as prayed for.

4. The Writ Petition stands DISPOSED OF as withdrawn.

(SANDESH D. PATIL, J.)

Harish 2

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