Bombay High Court

ROHAN PRAKASH DASADIAversusSTATE OF MAHARASHTRA AND ORS

Decided: 29 September 2026
Disposal: Disposed Off

Holding

The court granted leave to withdraw the petition and liberty to avail the alternate remedy.

Summary

The petitioner, Mr. Rohan Prakash Dasadia, filed a writ petition in the Bombay High Court seeking relief against the State of Maharashtra. The petitioner’s counsel, Mr. Abaad Ponda, requested leave to withdraw the petition, invoking the Supreme Court’s guidance in M. Subramaniam & Anr. v. S. Janaki & Anr. (2020) 16 SCC 728, which permits withdrawal when an alternate remedy is available. The court considered whether such a withdrawal could be permitted without prejudice to the petitioner’s right to pursue the alternate remedy. Finding no impediment, the bench granted the petitioner's request for leave to withdraw. Consequently, the petition was disposed of as withdrawn, with liberty to approach the appropriate jurisdictional magistrate or special court as directed by the Supreme Court precedent.

Issues considered

Whether the petitioner may be granted leave to withdraw the writ petition and pursue an alternate remedy as per Supreme Court precedent

Subjects

withdrawal of petition
alternate remedy
writ petition
Bombay High Court
criminal appellate jurisdiction
Supreme Court precedent

Judgment

TRUPTI
SADANAND
BAMNE
Digitally signed by
TRUPTI SADANAND
BAMNE
Date: 2026.10.05
10:21:28 +0530



                               TSB                                           19-wp-4819-2026.doc

                                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                             CRIMINAL APPELLATE JURISDICTION

                                              WRIT PETITION NO. 4819 OF 2026

                      Mr.Rohan Prakash Dasadia                                 … Petitioner
                                V/s.
                      The State of Maharashtra & Ors.                          … Respondents



                      Mr. Abaad Ponda, Senior Advocate a/w. Mr. Samsher Garud, Ms. Namrata
                      Jayakar and Ms. Dhwani Parekh i/b. M/s. Jayakar & Partners for the
                      Petitioner.

                      Mr. Ashish I. Satpute, APP, for the Respondent.
                      Mr. Sanjay Chavan, PI, Juhu Police Station, present.




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

                      P.C.:-

                      1)               Mr. Ponda, learned Senior Advocate for the Petitioner, on

                      instructions, seeks leave to withdraw Petition with liberty to avail the

                      alternate remedy as enunciated by the Hon’ble Supreme Court in the case

                      of M. Subramaniam & Anr. Vs. S. Janaki & Anr., reported in (2020) 16 SCC

                      728 before the jurisdictional Magistrate / Special Court.

                      1.1)             Leave and liberty granted.




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     TSB                                               19-wp-4819-2026.doc




2)            Disposed off as withdrawn with aforesaid liberty.




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




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