Bombay High Court

ASHOK MADHUKAR PATIL AND ANOTHERversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF

Holding

The court disposed the petition, granting the petitioners liberty to pursue investigation under Section 154(3) or Section 156(3) of the Criminal Procedure Code.

Summary

The petitioners filed a criminal writ petition seeking a direction for the police to investigate and forward a complaint to respondent No.1. During the hearing, the petitioner's counsel requested to withdraw the petition and instead pursue remedies under Section 156(3) of the Criminal Procedure Code. The court accepted this request, disposing of the petition while granting the petitioners liberty to invoke either Section 154(3) or Section 156(3) of the CrPC for investigation. No substantive order directing investigation was made. The petition was therefore closed, allowing the petitioners to seek police action through the statutory provisions.

Issues considered

Whether the High Court should direct the police to investigate and forward the complaint to the respondent.
Whether the petitioners may withdraw the writ petition and avail remedies under Section 156(3) of the CrPC.

Legislation cited

Code of Criminal Procedure, 1973 — s. 154, 156

Subjects

criminal writ petition
investigation
Section 156(3) CrPC
Section 154(3) CrPC
withdrawal of petition
High Court

Judgment

2026:BHC-AUG:42228-DB

1 914 CRIMINAL WRIT PETITION NO. 6 OF 2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

914 CRIMINAL WRIT PETITION NO. 6 OF 2022

ASHOK MADHUKAR PATIL AND ANOTHER
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Adv. L. S. Mahajan, Advocate for the Petitioner
Adv. A. S. Shinde, APP for Respondents-State
...

CORAM : SANDIPKUMAR C. MORE AND
VAISHALI PATIL-JADHAV, JJ.

DATED : 11/09/2026
Per Court:

. Though the learned counsel for the petitioner is seeking a

direction to investigate and forward a copy of the complaint to

respondent No.1. Today, the learned counsel for the petitioners, on

instructions, submits that the petition may be withdrawn by

granting liberty to the petitioners to avail remedy under section

156(3) of the Cr.P.C.

2. In view of the same, the petition stands disposed of with

liberty to the petitioner to undertake the exercise under Section

154(3) or Section 156 (3) of the Cr.P.C.

( VAISHALI PATIL-JADHAV, J. ) ( SANDIPKUMAR C. MORE, J. )

shivani/

Continue reading with your account

Checking your session…