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Bombay High Court

VILAS TUKARAM JADHAV AND ORS.versusTHE STATE OF MAHARASHTRA AND ORS.

Disposal
Disposed off as Withdrawn

Holding

The Court permitted the withdrawal of the petition and granted liberty to file a fresh petition.

Summary

The petitioners filed a writ petition seeking permission to withdraw the petition after a charge-sheet had been filed in the criminal matter. They requested liberty to file a fresh petition that would annex the charge-sheet and include the necessary averments. The Court considered whether the petition could be withdrawn at this stage and whether the petitioners could be allowed to re‑file a fresh petition. The Court granted permission to withdraw the present petition and expressly allowed the petitioners to file a fresh petition. Consequently, the original petition was disposed of.

Issues considered

  • Whether a writ petition can be withdrawn after the filing of a charge‑sheet in a criminal case
  • Whether the petitioners may be granted liberty to file a fresh petition annexing the charge‑sheet

Subjects

  • withdrawal of petition
  • charge-sheet
  • fresh petition
  • criminal appellate jurisdiction
  • procedural law

Judgment

                                                                                      28-WP-590-2026 (CR).doc



                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                             CIRCUIT BENCH AT KOLHAPUR
                                          CRIMINAL APPELLATE JURISDICTION

                                               WRIT PETITION NO. 590 OF 2026

                      Vilas Tukaram Jadhav & Ors.                          ..… Petitioners
                             VS
                      State of Maharashtra & Ors.                          ..… Respondents
                                                          ...
                      Mr. Shailesh Chavan i/by Mr. Shinde Mayur, Advocates for Petitioners.

                      Mr. Avinash A. Naik, APP for Respondent No. 1-State.

                      Mr. Sumit Vhanbatte i/by Mr. Sujit Nikam, Advocate for Respondent No. 3.
                                                           …
                                                           CORAM: SANDESH D. PATIL, J.
                                                           DATED: 6th AUGUST 2026.
                      P. C. :

                      1.          Learned Counsel appearing for the Petitioners, submits that the

                      charge-sheet has been filed in the matter. He further seeks permission to

                      withdraw the present Petition, with liberty to file a fresh Petition annexing

                      the charge-sheet and making the necessary corresponding averments.


                      2.        Permission is granted to withdraw the Petition, with liberty to file a

                      fresh Petition.


                      3.        The Petition is disposed of accordingly.




         Digitally
         signed by
         TALLE
                                                                           (SANDESH D. PATIL, J.)
TALLE    SHUBHAM
SHUBHAM ASHOKRAO
ASHOKRAO Date:
         2026.08.07
         11:08:41
         +0530




                      Shubham                                 1


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