Bombay High Court
MADHURI SHAILESH POOJARY AND ANRversusSTATE OF MAHARASHTRA AND ORS
- Decided
- Disposal
- Allowed To be withdrawn
Holding
The petition is allowed to be withdrawn with liberty to adopt appropriate proceedings.
Summary
Petitioners Madhuri Shailesh Poojary and another filed a writ petition under Article 32 seeking a habeas corpus against the arrest of one of them, which was ordered by the Judicial Magistrate First Class (IIIrd Court) Kalyan on 7 September 2026. The respondents, the State of Maharashtra, raised a preliminary objection contending that the petition was not maintainable. The petitioners, through counsel, sought permission to withdraw the petition and to pursue appropriate proceedings challenging the magistrate's order. The High Court, after considering the objection, granted permission to withdraw the petition with liberty to adopt suitable proceedings. Consequently, the petition was allowed to be withdrawn.
Issues considered
- Whether the writ petition for habeas corpus is maintainable
Subjects
- habeas corpus
- maintainability
- withdrawal of petition
- criminal appellate jurisdiction
Judgment
Digitally
signed by
MEERA
MEERA MAHESH
MAHESH JADHAV
JADHAV Date:
2026.09.29
11:16:17
+0530
1 of 2 7-wp-4727-26.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO. 4727 OF 2026
Madhuri Shailesh Poojary And Anr ...Petitioners
Versus
State Of Maharashtra And Ors ...Respondents
__________
Mr. Shantanu Ghosh (through VC) i/b Mr. Shubhankar Ghosh for
Petitioners.
Ms Supriya Kak- APP for State.
__________
CORAM : SARANG V. KOTWAL &
RANJITSINHA RAJA BHONSALE, JJ.
DATE : 28th SEPTEMBER 2026.
PC :
1. The Learned APP raised a preliminary objection to the
maintainability of the present Petition, contending that the
Petition, which seeks a writ of Habeas Corpus, is not maintainable.
The Petitioner is arrested pursuant to the judicial order passed by
Judicial Magistrate First Class (IIIrd Court) Kalyan dated 7 th
September 2026.
2. In response to the objection raised by the Learned APP,
Learned Counsel for the Petitioner sees permission to withdraw
Meera Jadhav
2 of 2 7-wp-4727-26.doc
this Petition with liberty to adopt appropriate proceedings
challenging the said order. Permission is granted.
3. Petition is allowed to be withdrawn with such liberty.
(RANJITSINHA RAJA BHONSALE, J.) (SARANG V. KOTWAL, J.)
Meera Jadhav
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