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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Disposed off as Withdrawn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The Court held that a criminal writ petition may be withdrawn at the petitioner's request, subject to the Court's discretion.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  • Whether a criminal writ petition may be withdrawn at the petitioner's request after the Court has expressed disinclination to grant relief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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