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The petition is withdrawn with liberty to file a private complaint subject to the limitation law.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 The petition was then disposed of as withdrawn.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2) Disposed off as withdrawn with aforesaid liberty.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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