Bombay High Court

SUNIL BALU PALAversusTHE STATE OF MAHARASHTRA AND ORS

Decided: 7 September 2026
Disposal: Allowed To be withdrawn

Holding

The Court held that the petitioner may withdraw the petition and is granted liberty to pursue an alternate remedy.

Summary

The petitioner, Sunil Balu Pala, filed a writ petition in the Bombay High Court seeking relief. The petitioner’s counsel requested permission to withdraw the petition, invoking the Supreme Court’s guidance in M. Subramaniam & Anr. v. S. Janaki & Anr. (2020) 16 SCC 728, which allows withdrawal with liberty to pursue an alternate remedy. The primary issue was whether the court could grant such leave to withdraw. The bench, after considering the precedent, granted the petitioner's request, providing liberty to avail an alternate remedy. Consequently, the petition was formally withdrawn.

Issues considered

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

Subjects

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

Judgment

       sns                                                5-wp-4975-2025+.doc




                IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                      CRIMINAL APPELLATE JURISDICTION

                        WRIT PETITION NO.4975 OF 2025

Sunil Balu Pala                                      … Petitioner

         V/s.

The State of Maharashtra & Ors.                      … Respondents



Mr. Amit A. Katarnware a/w. Adv.Aditya A. Katarnware for the Petitioner.
Mr. Ajay Patil, APP for the Respondent-State.


                                  CORAM :      A. S. GADKARI AND
                                               KAMAL KHATA, JJ.
                                     DATE :    7th September, 2026

P.C.:-

1)              Learned Advocate for the Petitioner on instructions seeks leave

to withdraw Petition with liberty to avail 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.

1.1)            Leave and liberty granted.

2)              Disposed off as withdrawn with aforesaid liberty.



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




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