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Bombay High Court

RUCHI DASADIAversusTHE COMMISSIONER OF POLICE AND ORS.

Decided
Disposal
Disposed Off

Holding

The petition was withdrawn with liberty to approach the jurisdictional Magistrate/Special Court as per the Supreme Court precedent.

Summary

Petitioner Ruchi Dasadia filed a writ petition challenging actions of the Commissioner of Police and others. The petitioner, through counsel, sought leave to withdraw the petition and was directed to pursue the remedy prescribed by the Supreme Court in M. Subramaniam & Anr. v. S. Janaki & Anr., i.e., approach the jurisdictional Magistrate or Special Court. The Court considered whether the petitioner could be permitted to withdraw the writ and avail the alternate remedy. It granted leave to withdraw and expressly allowed the petitioner to file the appropriate criminal proceedings before the lower court. Consequently, the writ petition was disposed of as withdrawn and the related interim application was also dismissed.

Issues considered

  • Whether the petitioner may be permitted to withdraw the writ petition and pursue the remedy indicated by the Supreme Court in M. Subramaniam & Anr. v. S. Janaki & Anr.

Subjects

  • writ petition
  • withdrawal
  • alternate remedy
  • criminal appellate jurisdiction
  • jurisdictional magistrate

Judgment

                              Sbw                                                25=WP-4707-2026.doc




                                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                              CRIMINAL APPELLATE JURISDICTION

                                               WRIT PETITION NO.4707 OF 2026

                                                             WITH

                                            INTERIM APPLICATION NO.3356 OF 2026

                         Ruchi Dasadia                                     … Petitioner

                                  V/s.

                         The Commissioner of Police & Ors.                 … Respondents




                         Mr. Rizwan Merchant a/w Mr. Shantanu Sharma and Mr. Chinmay Dave for
                         the Petitioner.
                         Mr. Ashish I. Satpute, APP, for the Respondent-State.
                         Mr. Aabad Ponda, Senior Advocate, a/w Mr. Janay Jain, Mr. Samsher Garud,
                         Ms. Namrata Jayakar and Dhwani Parekh i/by Jayakar & Partners for the
                         Intervenor/Applicant.
                         PI Sachin Rane, Bandra Police Station and PI Sanjay Chavan, Juhu Police
                         Station, Mumbai, present.


                                                        CORAM :      A. S. GADKARI AND
                                                                     KAMAL KHATA, JJ.
                                                           DATE :    22nd September, 2026

                         P.C.:-

                         1)              Mr. Merchant, learned Advocate for the Petitioner, on

                         instructions, seeks leave to withdraw Petition with liberty to avail the

                         alternate remedy as enunciated by the Hon’ble Supreme Court in the case

          Digitally signed
                                                                                                       1/2
          by SANDHYA
SANDHYA BHAGU
BHAGU   WADHWA
WADHWA Date:
        2026.09.28
          13:19:07 +0530
     Sbw                                                25=WP-4707-2026.doc

of M. Subramaniam & Anr. Vs. S. Janaki & Anr., reported in (2020) 16 SCC

728 before the jurisdictional Magistrate / Special Court.

1.1)          Leave and liberty granted.

2)            Disposed off as withdrawn with aforesaid liberty.

3)            In view of the disposal of Writ Petition, Interim Application

No.3356 of 2026 does not survive and is accordingly disposed off.



           (KAMAL KHATA, J.)                  (A.S. GADKARI, J.)




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