Bombay High Court
VINOD NAGREKARversusSTATE OF MAHARASHTRA AND ANR
- Decided
- Disposal
- Disposed Off
- Bench
- ASHWIN D BHOBE
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The Court allowed the withdrawal of the writ petition and dismissed it as withdrawn.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 Consequently, the writ petition was dismissed as withdrawn.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
- BNSS — s. Section 528
- Constitution of India — s. Article 227
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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