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The petition was withdrawn with liberty to approach the jurisdictional Magistrate/Special Court as per the Supreme Court precedent.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 Consequently, the writ petition was disposed of as withdrawn and the related interim application was also dismissed.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.)
2/2
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.