Created by Fuzzy Cloud

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Allowed To be withdrawn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 The Court held that the petition could be withdrawn and the parties could approach the proper forum. Consequently, the petition was allowed to be withdrawn and was disposed of accordingly.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  • Whether a criminal writ petition filed inadvertently can be withdrawn with liberty to pursue appropriate civil proceedings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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.