Bombay High Court

AMAR VITTHAL SHINDE AND ORS.versusTHE STATE OF MAHARASHTRA AND ANR.

Disposal: Disposed off as Withdrawn
Bench: SANDESH D PATIL

Holding

The court granted permission to withdraw the petition and allowed the petitioners to file a fresh petition.

Summary

The petitioners, Amar Vitthal Shinde and others, filed a criminal writ petition in the Bombay High Court seeking relief. After the charge-sheet was filed in the underlying case, they applied to withdraw the petition and obtain liberty to file a fresh petition incorporating the charge-sheet. The court considered whether it could permit such a withdrawal and subsequent re‑filing. Relying on its inherent powers to manage procedural matters and noting no prejudice to the respondents, the court allowed the withdrawal. Consequently, the petition was disposed of, with liberty granted to the petitioners to file a fresh petition.

Issues considered

Whether the High Court may permit the withdrawal of a criminal writ petition and allow the petitioners to file a fresh petition incorporating the charge‑sheet

Subjects

withdrawal of petition
criminal writ petition
procedural law
high court powers

Judgment

                                                                                    42-WP-4719-2021 (CR).doc




                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                           CIRCUIT BENCH AT KOLHAPUR
                                         CRIMINAL APPELLATE JURISDICTION

                                      CRIMINAL WRIT PETITION NO. 4719 OF 2021

                      Amar Vitthal Shinde & Ors.                           …...Petitioners
                           Vs.
                      The State of Maharashtra & Anr.                      …...Respondents
                                                         ...
                      Adv. Dhavalsinh Patil i/by Mr. Ranjeet Patil for Petitioners.
                      Mr. S. S. Chaudhari, APP for Respondent-State.
                                                         ...

                                                                CORAM: SANDESH D. PATIL, J.
                                                                DATED: 22nd JUNE 2026.
                      P. C. :

                      1.        Advocate Patil, the learned Counsel appearing for the Petitioners,

                      states that the charge-sheet has been filed in the matter. He further

                      seeks permission to withdraw the present Petition, with liberty to file a

                      fresh Petition annexing the charge-sheet and making the necessary

                      corresponding averments.


                      2.        Permission is granted to withdraw the Petition, with liberty to file

                      a fresh Petition.


                      3.        The Petition is disposed of accordingly.
TALLE
SHUBHAM
ASHOKRAO
Digitally signed by
TALLE SHUBHAM
ASHOKRAO                                                                   (SANDESH D. PATIL, J.)
Date: 2026.06.22
19:18:02 +0530




                      Shubham                               1

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