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Bombay High Court

RAMJI RATANSHI DHEDIA AND ORSversusTHE STATE OF MAHARASHTRA AND ORS

Decided
Disposal
Allowed To be withdrawn

Holding

The Court granted leave to withdraw the writ petition and ordered that the petitioners be allowed to record their statements before the trial court.

Summary

The petitioners, Ramji Ratanshi Dhedia & Ors., filed a writ petition seeking leave to withdraw the petition and to obtain liberty to give their statements before the trial court in Sessions Case No. 413 of 2016. The petitioners, through counsel Ms. Reshma Nair, requested that the trial court record their statements without any pressure from the informant, complainant, or investigating agency. The High Court, after hearing the respondents, granted the petitioners' request for leave to withdraw the petition and ordered that the trial court record their statements as they wish. The petition was consequently disposed of as withdrawn, with the liberty to depose before the trial court. The judgment emphasized that the trial court must ensure a free and voluntary statement from the petitioners.

Issues considered

  • What is the appropriate procedure for a petitioner to withdraw a writ petition in criminal appellate jurisdiction?
  • Whether the petitioners are entitled to liberty to record their statements before the trial court upon withdrawal of the writ petition.

Subjects

  • withdrawal of writ petition
  • liberty to record statements
  • criminal appellate jurisdiction
  • high court of Bombay
  • procedural law

Judgment

                             sns                                                 48-wp-596-2016.doc




                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                            CRIMINAL APPELLATE JURISDICTION

                                              WRIT PETITION NO.596 OF 2016

                      Ramji Ratanshi Dhedia & Ors.                         … Petitioners

                               V/s.

                      State of Maharashtra & Ors.                          … Respondents



                      Ms. Reshma Nair a/w. Adv. Rajesh Sahani i/by Adv. Devmani Shukla for the
                      Petitioners.
                      Mr. Ajay S. Patil, APP, for the Respondent-State.
                      Mr. P. S. Sanap, PI, Parkside Police Station, present.


                                                        CORAM :      A. S. GADKARI AND
                                                                     KAMAL KHATA, JJ.
                                                           DATE :    18th March 2026

                      P.C.:-

                      1)              Learned Advocate for the Petitioners on instructions seeks leave

                      to withdraw Petition with liberty to record their statements before trial

                      Court in Sessions Case No.413 of 2016, pending on the file of learned

                      Additional Sessions Judge, Mumbai.

                      1.1)            Leave and liberty granted.

                      2)              Disposed off as withdrawn with aforesaid liberty.

                      3)              It is needless to mention that, the learned Judge of the trial

                      Court shall record the statements of the Petitioners as they want to depose

         Digitally
         signed by
                                                                                                      1/2
         SUMEDH
SUMEDH   NAMDEO
NAMDEO   SONAWANE
SONAWANE Date:
         2026.03.26
         15:18:11
         +0530
    sns                                                48-wp-596-2016.doc

before it and will take care that, neither the informant/complainant nor the

Investigating Agency shall pressurize them to give a statement in a

particular manner or mode.



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




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