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Bombay High Court

VINOD NAGREKARversusSTATE OF MAHARASHTRA AND ANR

Decided
Disposal
Disposed Off

Holding

The Court allowed the withdrawal of the writ petition and dismissed it as withdrawn.

Summary

The petitioner, Vinod Nagrekar, filed a writ petition under Article 227 of the Constitution read with Section 528 of the BNSS seeking to quash criminal proceedings (Session Case No. 1422/2025) arising from FIR No. 0164 of 2025. During the hearing, the petitioner’s counsel requested leave to withdraw the petition and instead pursue a discharge application before the trial court. The respondent’s counsel did not oppose the withdrawal. The Court, after considering the request, granted leave to withdraw the petition, directing that any future application before the trial court be decided on its merits. Consequently, the writ petition was dismissed as withdrawn.

Issues considered

  • Whether the petitioner may withdraw the writ petition filed under Article 227 of the Constitution and Section 528 of the BNSS.

Legislation cited

Subjects

  • writ petition
  • withdrawal
  • criminal procedure
  • Article 227
  • Section 528
  • discretionary jurisdiction
  • quash of proceedings

Judgment

                                                                                                  39-WP-484-2026.doc



           Digitally signed
           by GAYATRI
                                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
GAYATRI  RAJENDRA
RAJENDRA SHIMPI
SHIMPI   Date:
         2026.02.03
           19:57:27 +0530
                                                 CRIMINAL APPELLATE JURISDICTION

                                                   WRIT PETITION NO. 484 OF 2026

                              Vinod Nagrekar                                             … Petitioner
                                   V/s.
                              The State of Maharashtra & Anr.                            … Respondents
                                                                        ---

                              Mr. Bhavesh Thakur, Advocate for the Petitioner.
                              Ms. Pallavi Dabholkar, APP for Respondent – State.
                              Mr. Pathare & Mr. Bhosale – PSI, present in Court.
                                                              ---

                                                                   CORAM : ASHWIN D. BHOBE, J.
                                                                    DATE      : 2nd FEBRUARY, 2026.


                              P.C. :

                              1.               By the present Petition, the Petitioner has sought for

                              the following substantive relief in prayer clause (B) :-

                                                 “B. This Hon'ble Court be pleased to exercise its
                                                 discretionary jurisdiction under article 227 of
                                                 Constitution of India read with section 528 of BNSS be
                                                 pleased to quash and set aside the impugned
                                                 proceedings bearing Session Case No. 1422/2025 in
                                                 connection with FIR bearing No. 0164 of 2025 for
                                                 offences punishable u/s. 74, 75(1)(i), 79, 115(2),
                                                 3(5), of BNS, 2023 registered with Govandi police
                                                 station;”




                              2.               After this matter was heard for some time, Mr. Bhavesh

                              Thakur, learned Advocate for the Petitioner sought a pass over.

                              Gayatri shimpi                        1
                                                          39-WP-484-2026.doc



After some time, at his request, this matter was taken up. Mr.

Bhavesh Thakur, on instructions from the Petitioner, craves leave to

withdraw the present Petition with liberty to file an Application

seeking discharge before the Trial Court at the appropriate stage.



3.               Ms. Pallavi Dabholkar, learned APP for the State does

not object to the said request.



4.               In view of the above, leave granted to withdraw the

present Application with liberty as prayed. If such Application is

filed before the Trial Court at the appropriate stage, the same be

considered on its own merits and in accordance with law.



5.               Criminal Writ Petition No. 484 of 2026 is dismissed as

withdrawn.



                                              (ASHWIN D. BHOBE, J.)




Gayatri shimpi                     2


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