Bombay High Court

SOMNATH JAYSING KADAMversusTHE STATE OF MAHARASHTRA

Disposal: Allowed
Bench: SANDESH D PATIL

Holding

The court permitted the petitioner to withdraw the writ petition and to file a fresh petition.

Summary

The petitioner, Somnath Jaysing Kadam, filed a criminal writ petition in the Bombay High Court seeking permission to withdraw the petition after a charge-sheet had been filed, and to file a fresh petition incorporating the charge-sheet. The petitioner’s counsel requested the court’s leave to withdraw and re‑file. The court considered whether such withdrawal was permissible. No detailed reasoning was recorded, but the court granted the request, allowing the withdrawal and permitting a fresh filing. Consequently, the original petition was disposed of.

Issues considered

Whether the petitioner may be permitted to withdraw the criminal writ petition and file a fresh petition annexing the charge‑sheet?

Subjects

withdrawal of petition
criminal writ petition
charge-sheet
high court procedure
petition disposal

Judgment

                                                                                    135-WP-4750-2025 (CR).doc




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

                                      CRIMINAL WRIT PETITION NO. 4750 OF 2025

                      Somnath Jaysing Kadam                        ..… Petitioner
                           Vs.
                      The State of Maharashtra                     ..… Respondent
                                                       .....
                      Mr. D. Dhumal i/by Mr. Changdev S Shingade, Advocate for Petitioner.
                      Mrs. Priyanka Rane, APP for Respondent-State.
                                                       .....
                                                       CORAM: SANDESH D. PATIL, J.
                                                       DATED: 2nd JULY 2026.
                      P. C. :

                      1.         Learned Counsel appearing for the Petitioner, 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: 2026.07.03
18:42:46 +0530



                      Shubham
                                                            1

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