Bombay High Court

DHANJI DUBRIYAversusTHE STATE OF MAHARASHTRA AND ANR.

Decided: 12 May 2026
Disposal: Disposed Off
Bench: ADVAIT M SETHNA SANDESH DADASAHEB PATIL

Holding

The High Court allowed the petitioner to withdraw the writ petition and dismissed the interim applications.

Summary

The petitioner, Dhanji Dubriya, filed a writ petition before the Bombay High Court challenging an order of the State of Maharashtra. The petitioner’s counsel sought leave to withdraw the petition and instead approach the Sessions Court at Daman, which has jurisdiction over the matter. The respondents, representing the State and the Union Territory, raised no objection to the withdrawal. The Court, after hearing counsel, granted the petitioner's request, allowing the petition to be withdrawn and directing that the interim applications also be dismissed. Consequently, the writ petition was disposed of, permitting the petitioner to seek relief in the appropriate trial court.

Issues considered

What is the appropriate procedure for a petitioner to withdraw a writ petition pending before the High Court?
Does the High Court have the jurisdiction to permit withdrawal and direct the petitioner to approach the Sessions Court?

Subjects

withdrawal of writ petition
jurisdiction
high court procedure
criminal appellate jurisdiction
interim applications

Judgment

          Digitally
          signed by
          RUPALI
                                                                       1-WP-5800-2025.doc
RUPALI    RAJESH
RAJESH    WAKODIKAR
WAKODIKAR Date:
          2026.05.12
          20:02:19
          +0530           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                CRIMINAL APPELLATE JURISDICTION
                                 WRIT PETITION NO. 5800 OF 2025
                                             WITH
                            INTERIM APPLICATION (ST) NO. 24954 OF 2025


                 Dhanji Dubriya                                 ...Petitioner
                      Versus
                 The State of Maharashtra & Anr.                ...Respondents

                 Mr. Vindu Tirpati i/b Mr. Vivek Pandey for the Petitioner.

                 Mr. Ayush Singh h/f Mr. Ashwin Thool for the Respondent – UT.

                 Ms. Supriya Kak, A.P.P for the Respondent-State.

                                     CORAM : ADVAIT M. SETHNA &
                                             SANDESH D. PATIL, JJ.
                                     DATE : 12th MAY, 2026
                                           (VACATION COURT)

                 P.C. :


                  1.          Heard learned Counsel for the parties.

                  2.          Learned Counsel for the Petitioner seeks leave to withdraw

                  this petition with liberty to approach the Trial Court i.e. Sessions

                  Court at Daman which is the Court of competent jurisdiction for

                  appropriate reliefs, which is presently seized of the matter.     The


 Wakodikar                                                                            1/2
                                                                1-WP-5800-2025.doc


            learned Counsel for the Respondents have no objection.

            3.         Accordingly, the Writ Petition is Disposed Of in the above

            terms with liberty as prayed.

            4.         The Interim Applications do not survive and are

            accordingly Disposed Of.




            SANDESH D. PATIL, J.                    ADVAIT M. SETHNA, J.




Wakodikar                                                                      2/2

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