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Bombay High Court

KIRANARAJ PURUSHOTTAM GHODAKEversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal
Disposed off as Withdrawn

Holding

Leave to withdraw the criminal writ petition was granted with liberty to file a fresh petition.

Summary

The petitioner, Kiranaraj Purushottam Ghodake, filed a criminal writ petition seeking relief. After the charge-sheet was filed, the petitioner moved the court for leave to withdraw the petition, requesting liberty to file a fresh petition. The court considered whether such a withdrawal could be permitted at this stage of the proceedings. It held that the petitioner could be allowed to withdraw the petition while preserving the right to approach the court again. Consequently, the court granted the leave, allowed the withdrawal with liberty to file a fresh petition, and disposed of the present petition as withdrawn.

Issues considered

  • Whether leave may be granted to withdraw a criminal writ petition after the charge-sheet has been filed
  • Whether the petitioner may be given liberty to file a fresh petition thereafter

Subjects

  • withdrawal of petition
  • criminal writ petition
  • charge-sheet
  • fresh petition
  • procedural law

Judgment

                                                                                     48-WP-4677-2025 (CR).doc




                                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                            CIRCUIT BENCH AT KOLHAPUR
                                          CRIMINAL APPELLATE JURISDICTION

                                        CRIMINAL WRIT PETITION NO. 4677 OF 2025

                        Kiranaraj Purushottam Ghodake               ]     Petitioner
                              Vs.
                        The State of Maharashtra and another        ]     Respondents
                                                        .....
                        Mr. Prabodhan Jadhav (through V.C.), Advocate for Petitioner.

                        Mr. S.S. Chaudhari, A.P.P, for Respondent No.1 – State.
                                                            …..
                                                            CORAM: SANDESH D. PATIL, J.
           Digitally
           signed by
           SHAILAJA
                                                            DATED: 25th JUNE 2026.
SHAILAJA   SHRIKANT
SHRIKANT   HALKUDE
HALKUDE    Date:
           2026.06.29
                        P. C. :
           16:37:52
           +0530


                        1.         Learned counsel for the petitioner, on instructions, seeks leave to

                        withdraw the present petition as the charge-sheet has been filed with

                        liberty to file a fresh petition.

                        2.         Leave as prayed for is granted. The petition is allowed to be

                        withdrawn with liberty as prayed for. All contentions of the parties are

                        kept open.

                        3.          The petition is DISPOSED OF as withdrawn.


                                                                            [SANDESH D. PATIL, J.]




                        Shailaja                              1


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