Bombay High Court

LAKHAWINDER SURJIT SINGHversusTHE STATE OF MAHARASHTRA AND ANR

Decided: 4 March 2026
Disposal: Disposed Off
Bench: HON'BLE THE CHIEF JUSTICE GAUTAM A ANKHAD

Holding

The writ petition is disposed, granting the petitioner liberty to withdraw it and to seek the appropriate remedy after the charge‑sheet is filed.

Summary

The petitioner, Lakhawinder Surjit Singh, filed a writ petition seeking a direction to the State of Maharashtra to invoke specific provisions of the Indian Penal Code and the Bombay Police Act in criminal case No. 617/2024, and to conduct a fair further investigation with a supplementary charge‑sheet. The petition also sought costs and any other appropriate relief. During the hearing, the petitioner’s counsel requested permission to withdraw the writ petition, stating that the petitioner would pursue the remedy available after a charge‑sheet is filed. The Court considered whether it could entertain the petition and the propriety of allowing its withdrawal. The Court disposed of the writ petition, granting the petitioner liberty to withdraw it and to avail of the appropriate legal remedy once the charge‑sheet is filed.

Issues considered

Whether the High Court can direct the investigating agency to invoke specific IPC and Bombay Police Act provisions in the pending criminal case.
Whether the petitioner may be permitted to withdraw the writ petition and pursue the remedy after a charge‑sheet is filed.

Legislation cited

Bombay Police Act — s. 109, 118(2), 351(3)
Indian Penal Code, 1860 — s. 307, 326, 509

Subjects

writ petition
criminal investigation
charge sheet
withdrawal of petition
Indian Penal Code
Bombay Police Act
high court

Judgment

BDP                                                              14 WP-4679-25.doc


         IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                 CRIMINAL APPELLATE JURISDICTION

                    WRIT PETITION NO. 4679 OF 2025


Lakhawinder Surjit Singh                              …. Petitioner.

              V/s

The State of Maharashtra and Anr.                     …. Respondents.


Mr. J.P. Kharge, advocate for the petitioner.

Mrs. M.M. Deshmukh I/C. P.P. with Mr. J.P. Yagnik, Addl.P.P. for
the respondent no.1-State.

              CORAM : SHREE CHANDRASHEKHAR, CJ &
                      GAUTAM A. ANKHAD, J.

              DATE         :   4TH MARCH 2026

P.C. :

      The petitioner has made following prayers :

         “(a) That this Hon’ble Court may issue writ of
         direction to the Respondent No.2 to invoke the
         provisions of sections 307, 326, 509, of IPC (109,
         118(2) and 351(3) of B.N.S.) in CR No.617/2024
         registered with Vashi Police Station, Navi Mumbai
         forthwith and to conduct fair further investigation
         and accordingly to file supplementary charge sheet in
         the interest of justice;

         (b) Costs of the petition be provided for;

         (c) Such further and other reliefs as the nature and
         circumstances of the case may require be granted to
         the Petitioner.”




                                           1
               BDP                                                  14 WP-4679-25.doc


                     After arguing the matter for sometime, Mr. J.P. Kharge, the
               learned counsel for the petitioner seeks permission to withdraw this
               writ petition with liberty to avail of remedy as available to the
               petitioner in law after charge-sheet is filed.

               2.    Writ Petition No.4679 of 2025 is disposed of with the aforesaid
               liberty.


               [GAUTAM A. ANKHAD, J.]                           [CHIEF JUSTICE]


BHARAT
DASHARATH
PANDIT

Digitally signed
by BHARAT
DASHARATH
PANDIT
Date: 2026.03.08
14:56:09 +0530




                                                   2

Continue reading with your account

Checking your session…