Bombay High Court
DR DEEPAK NAMJOSHI AND ANRversusSHAMIM ZABIULLA KHAN AND ANR
- Decided
- Disposal
- Allowed To be withdrawn
Holding
The writ petitions are allowed to be withdrawn and disposed of, with liberty to avail an alternate remedy.
Summary
The petitioners filed three writ petitions challenging the issuance of process in separate criminal complaints. They later sought to withdraw the petitions, arguing that an alternate remedy was available to contest the orders. The Court examined whether the petitions could be withdrawn and considered the effect of the Limitation Act, 1963 on the petitioners' rights. It held that the writ petitions could be withdrawn and disposed of, granting the petitioners liberty to pursue the alternate remedy. The Court also clarified that the petitioners would benefit from Section 14 of the Limitation Act, 1963 for the period from the filing date to the date of disposal. All other contentions were left open for future consideration.
Issues considered
- Can writ petitions be withdrawn when an alternate remedy is available?
- Does Section 14 of the Limitation Act, 1963 apply to the period between filing and disposal of the writ petitions?
Legislation cited
- Limitation Act, 1963 — s. 14
Subjects
- writ petition
- withdrawal
- limitation
- alternate remedy
- criminal appellate jurisdiction
Judgment
914-WP-5895-2024+.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO.5895 OF 2024
Deepak Namjoshi & Anr. …Petitioners
Versus
Khatoon Dawood Khan & Anr. …Respondents
WITH
WRIT PETITION NO.5897 OF 2024
Deepak Namjoshi & Anr. …Petitioners
Versus
Ruksana Raziulla Khan & Anr. …Respondents
WITH
WRIT PETITION NO.5896 OF 2024
Deepak Namjoshi & Anr. …Petitioners
Versus
Shamim Zabiulla Khan & Anr. …Respondents
Mr. Rizwan Merchant a/w. Mr. Sagar L. Shete and Mr. Akash
Ghadage, for the Petitioners.
Mr. P. P. Jadhav, APP, for the Respondent-State.
CORAM: MADHAV J. JAMDAR, J.
DATED : 19th AUGUST 2026
P. C.:
1. In all these Writ Petitions, the orders challenged are the
orders of issuance of process in the following three different
complaints:
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914-WP-5895-2024+.DOC
Sr. Writ Petition Case No. Date of the Court Name
No. Number Order
1. 5895/2024 2443/MISC/2017 11/12/2020 Metropolitan
2. 5896/2024 827/MISC/2018 17/02/2020 Magistrate,
th
3. 5897/2024 301/MISC/2018 11/12/2020 65 Court,
Andheri,
Mumbai.
2. Mr. Merchant, learned Counsel appearing for the Petitioners,
on instructions of the Petitioners, seeks withdrawal of the Writ
Petitions, as there is an alternate remedy available to the
Petitioners to challenge the impugned order.
3. Accordingly, the Writ Petitions are allowed to be withdrawn
and disposed of as such with liberty to avail an alternate remedy.
4. It is clarified that these Writ Petitions are filed in this Court
on 26th November 2024 and are being disposed of today, therefore,
the Petitioners will get benefit of Section 14 of the Limitation Act,
1963 from 26th November 2024 to 19th August 2026.
5. It is clarified that all contentions are kept open.
Digitally [MADHAV J. JAMDAR, J.]
signed by
SONALI
SONALI MILIND
MILIND PATIL
PATIL Date:
2026.08.24
11:14:41
+0530
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Sonali
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