Bombay High Court
GAURIBEN BRIJESHKUMAR PATELversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed off as Withdrawn
Holding
The Court held that a criminal writ petition may be withdrawn at the petitioner's request, subject to the Court's discretion.
Summary
Gauriben Brijeshkumar Patel filed Criminal Writ Petition No.5997 of 2025 before the Bombay High Court challenging the proceedings of the trial court. After hearing, the Court expressed reluctance to grant the reliefs sought. Counsel for the petitioner then sought liberty to withdraw the writ petition and to file a discharge application before the trial court. The Court permitted the withdrawal of the petition as prayed for. The petitioner was also granted liberty to move an appropriate application for discharge before the learned trial court. The petition was consequently disposed of.
Issues considered
- Whether a criminal writ petition may be withdrawn at the petitioner's request after the Court has expressed disinclination to grant relief
Subjects
- criminal writ
- withdrawal of petition
- discharge application
- procedural law
- High Court
Judgment
Digitally signed by SMITA
SMITA JOHNSON JOHNSON GONSALVES
GONSALVES Date: 2026.09.17 18:48:12
+0530
sg 20.wp5997-25.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
Criminal Writ Petition No.5997 of 2025
Gauriben Brijeshkumar Patel … Petitioner
versus
The State of Maharashtra … Respondent
----
Mr. Abhinav Dubey, a/w. Mr. Chintan Patel, Ms. Jyoti Pujari, Ms.
Rajlaxmi Dubey and Mr. Mridul Das, for the Petitioner.
Mr. Tanveer Khan, APP, for the Respondent/ State.
PSI Pairavi Ramesh Khapale, Sahar Police Station, is present.
----
Coram: Ashish S. Chavan, J.
Date: 16th September, 2026.
P.C.:
1. After hearing learned Counsel Mr. Abhinav Dubey for the
Petitioner for some time, when this Court expressed its disinclination
to grant the reliefs as prayed for in the petition, the learned Counsel
for the Petitioner, on instructions, seeks liberty to withdraw the
petition with an additional liberty to file appropriate application for
discharge before the learned Trial Court. The petition is allowed to be
withdrawn as prayed for and disposed of. The Petitioner is at liberty
Page 1 of 2
__________________________________________________
16th September, 2026
sg 20.wp5997-25.docx
to file appropriate discharge application before the learned Trial
Court.
(Ashish S. Chavan, J.)
Page 2 of 2
__________________________________________________
16th September, 2026
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