Bombay High Court
VAISHNAVI KUNAL WATKAR AND ANRversusUNION OF INDIA AND ORS
- Decided
- Disposal
- Allowed To be withdrawn
Holding
The Court allowed the withdrawal of the criminal writ petition and granted liberty to the petitioners to adopt appropriate civil proceedings.
Summary
Petitioners Vaishnavi Kunal Watkar and another filed a criminal writ petition before the Bombay High Court, alleging that the petition was inadvertently filed in the criminal side instead of the appropriate civil jurisdiction. The petitioners, through counsel Mr. Ayush Pasbola (with Mrunal Bhide), sought permission to withdraw the criminal writ and to pursue the correct civil remedy. The Court examined whether it could allow the withdrawal and grant liberty to adopt appropriate proceedings. The Court held that the petition could be withdrawn and the parties could approach the proper forum. Consequently, the petition was allowed to be withdrawn and was disposed of accordingly.
Issues considered
- Whether a criminal writ petition filed inadvertently can be withdrawn with liberty to pursue appropriate civil proceedings
Subjects
- civil writ
- criminal writ
- jurisdiction
- withdrawal of petition
- procedural remedy
Judgment
:1: 501-WP-4691-26.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO.4691 OF 2026
Vaishnavi Kunal Watkar
and another …..Petitioners
Versus
Union of India
and others .….Respondents
-----
Mr. Ayush Pasbola, Advocate a/w. Mrunal Bhide for the Petitioner.
Ms. Gauri Rao, APP for the Respondent-State.
-----
CORAM : SARANG V. KOTWAL &
RANJITSINHA RAJA BHONSALE, JJ.
DATE : 16th SEPTEMBER, 2026
P.C. :
1. Not on board. Taken on board at the instance of learned
counsel for the Petitioners. He submitted that this Petition is inadvertently
filed on the Criminal Side of this Court. He submitted that the proper remedy
would be a Civil Writ Petition. He seeks permission to withdraw this
Criminal Writ Petition with liberty to adopt appropriate proceedings in
accordance with law.
2. Permission is granted. The Petition is allowed to be withdrawn
with such a liberty and is disposed of as such.
(RANJITSINHA RAJA BHONSALE, J.) (SARANG V. KOTWAL, J.)
1 of 1
Digitally signed
by Deshmane(PS)
PRADIPKUMAR
PRADIPKUMAR PRAKASHRAO
PRAKASHRAO DESHMANE
DESHMANE Date:
2026.09.17
11:13:56
+0530
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