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Bombay High Court

ALI AKBAR MOHAMED RAZA SHROFFversusTHE STATE OF MAHARASHTRA AND ANR

Decided
Disposal
Allowed To be withdrawn

Holding

The Court allowed the petition to be withdrawn and granted liberty to file a private complaint.

Summary

The petitioner, Ali Akbar Mohamed Raza Shroff, filed a writ petition in the Bombay High Court seeking leave to withdraw the petition and to be permitted to file a private complaint before the appropriate magistrate. The petition raised the question of whether the court could grant such a withdrawal and liberty. The learned Senior Advocate for the petitioner argued for the withdrawal, while the State opposed. The Court, after considering the request, granted leave to withdraw the petition and expressly allowed the petitioner to pursue a private complaint. Consequently, the writ petition was disposed of as withdrawn.

Issues considered

  • Whether the petitioner may be permitted to withdraw the writ petition and be granted liberty to file a private complaint before the jurisdictional Magistrate

Subjects

  • withdrawal of petition
  • private complaint
  • writ petition
  • criminal appellate jurisdiction
  • Bombay High Court

Judgment

TRUPTI
SADANAND
BAMNE
Digitally signed by
TRUPTI SADANAND
BAMNE
Date: 2026.10.05
10:21:27 +0530



                               TSB                                               17-wp-4816-2026.doc

                                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                              CRIMINAL APPELLATE JURISDICTION

                                               WRIT PETITION NO. 4816 OF 2026

                      Ali Akbar Mohamed Raza Shroff                          … Petitioner

                                V/s.

                      The State of Maharashtra & Anr.                        … Respondents



                      Mr. Vikram Nankani, Senior Advocate a/w. Mr. Shivam Sinh Deshmukh,
                      Mr. B. Mohamedi i/b. Bellator Legal Services LLP for the Petitioner.
                      Mr. Ashish I. Satpute, APP, for the Respondent -State.



                                                          CORAM :   A. S. GADKARI AND
                                                                    KAMAL KHATA, JJ.
                                                             DATE : 29th September, 2026

                      P.C.:-

                      1)                Learned Senior Advocate for the Petitioner on instructions

                      seeks leave to withdraw Petition with liberty to avail an alternate remedy of

                      filing a private complaint before the jurisdictional Magistrate.

                      1.1)              Leave and liberty granted.

                      2)                Disposed off as withdrawn with aforesaid liberty.



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




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