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- Allowed To be withdrawn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 The petition was consequently disposed of as withdrawn, with the liberty to depose before the trial court.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2) Disposed off as withdrawn with aforesaid liberty.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
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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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