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Bombay High Court

KHUM SINGH MOJAWAT @ KIRANversusJOINT DIRECTOR HEAD OF ZONE CENTRAL BUREAU OF INVESTIGATION MUMBAI ZONE I AND ORS

Decided
Disposal
Disposed Off

Holding

The petition is withdrawn with liberty to file a private complaint subject to the limitation law.

Summary

The petitioner, Khum Singh Mojawat, sought leave to withdraw his writ petition and instead file a private complaint before the appropriate magistrate, subject to the law of limitation. The Court considered whether such withdrawal and the alternative remedy were permissible. It granted the petitioner leave to withdraw the petition and liberty to pursue the private complaint within the limitation period. The petition was then disposed of as withdrawn. No substantive merits of the original petition were addressed.

Issues considered

  • Whether the petitioner may be allowed to withdraw the writ petition and pursue a private complaint before a magistrate
  • Whether the limitation period applies to the filing of the private complaint

Subjects

  • withdrawal of petition
  • private complaint
  • limitation period
  • criminal procedure

Judgment

                             sns                                                5-wp-4875-2026.doc

                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                            CRIMINAL APPELLATE JURISDICTION

                                              WRIT PETITION NO.4875 OF 2026


                      Khum Singh Mojawat @ Kiran                                 … Petitioner

                               V/s.

                      Joint Director Head of Zone Central
                      Bureau of Investigation Mumbai
                      Zone I & Ors.                                              … Respondents




                      Mr. Siddheshwar Galande i/by Adv. Harshvardhan Suryavanshi for the
                      Petitioner.

                      Mr. Ajay Patil, for the Respondent No.1-CBI.


                                                        CORAM :      A. S. GADKARI AND
                                                                     KAMAL KHATA, JJ.
                                                           DATE :    1st October, 2026

                      P.C.:-

                      1)              Learned Advocate for the Petitioner on instructions seeks leave

                      to withdraw Petition with liberty to avail alternate remedy of filing private

                      complaint before the jurisdictional Magistrate, subject to law of limitation.

                      1.1)            Leave and liberty granted.

                      2)              Disposed off as withdrawn with aforesaid liberty.



                                   (KAMAL KHATA, J.)                  (A.S. GADKARI, J.)
         Digitally
         signed by
         SUMEDH
SUMEDH   NAMDEO
NAMDEO   SONAWANE
SONAWANE Date:
                                                                                                     1/1
         2026.10.03
         13:02:10
         +0530


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