Bombay High Court
DHANIKA RATEESH WAJELversusSTATE OF MAHARASHTRA AND ANR
- Decided
- Disposal
- Allowed To be withdrawn
Holding
The petition is dismissed as withdrawn, with liberty granted to the petitioner to file an appropriate application before the trial court.
Summary
The petitioner, Dhanika Rateesh Wajel, filed a writ petition seeking leave to withdraw the petition and to obtain liberty to file an application before the trial court for addition of charges or impleadment of additional accused under Sections 216 and 319 of the Code of Criminal Procedure, 1973. The learned counsel for the petitioner moved the High Court for such leave. The Court granted the leave and liberty, ordering the petition to be dismissed as withdrawn. The respondents, the State of Maharashtra, indicated that the investigation would be completed and a final report under Section 173(2) of the Cr.PC or Section 193(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 would be filed within three weeks. The Court accepted this statement. Consequently, the petition was disposed of as withdrawn, with the petitioner free to approach the trial court for the requested procedural steps.
Issues considered
- Whether a writ petition can be withdrawn with liberty to file a separate application before the trial court for addition of charges or impleadment of accused under Cr.PC. Sections 216 and 319.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 193(3)
- Code of Criminal Procedure, 1973 — s. 173(2), 216, 319
Subjects
- withdrawal of petition
- addition of charges
- impleadment
- Criminal Procedure Code
- BNSS
- high court order
Judgment
TRUPTI
SADANAND
BAMNE
Digitally signed
by TRUPTI
SADANAND
BAMNE
TSB 18-wp-4818-2026.doc
Date: 2026.10.05
11:17:02 +0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO. 4818 OF 2026
Dhanika Rateesh Wajel … Petitioner
V/s.
The State of Maharashtra & Anr. … Respondents
Dr. Uday Warunjikar a/w. Mr. Sumit Kate i/b. Mr. Hrishikesh Nabar for the
Petitioner.
Mr. S.V.Gavand, APP, for the Respondent -State.
Mr. Santosh Shinde, API, Lohegaon Police Station, Pune City, present.
CORAM : A. S. GADKARI AND
KAMAL KHATA, JJ.
DATE : 29th September, 2026
P.C.:-
1) Dr. Warunjikar, learned Advocate for the Petitioner, on
instructions seeks leave to withdraw Petition with liberty to file appropriate
Application before the Trial Court for addition of charges or impleadment of
additional accused either under Section 216 or 319 of Code of Criminal
Procedure, 1973 (for short, “Cr.PC”).
1.1) Leave and liberty granted.
2) Disposed off as withdrawn with aforesaid liberty.
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TSB 18-wp-4818-2026.doc
3) Upon a query posed by this Court, learned APP, Mr.Gavand, on
instructions, submits that the investigation of the crime in question will be
completed and final report under Section 173 (2) of Cr.PC or Section
193(3) of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 will be filed
before the jurisdictional Court within a period of three weeks from today.
The said statement is accepted.
(KAMAL KHATA, J.) (A.S. GADKARI, J.)
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