Bombay High Court
ANKUSH R SINGH AND ORS.versusSTATE OF MAHARASHTRA AND ANR.
- Decided
- Disposal
- Disposed Off
- Bench
- ASHWIN D BHOBE
Holding
The Court allowed the withdrawal of the writ petition and interim application and disposed of both proceedings.
Summary
The petitioners, Ankush R Singh and others, filed Criminal Writ Petition No. 6286 of 2025 and Interim Application No. 1576 of 2026 in the Bombay High Court. After the trial court passed certain orders, the petitioners, through Senior Advocate Majeed Memon, sought leave to withdraw both the writ petition and the interim application and to challenge the trial court orders by other appropriate proceedings. The State of Maharashtra and the intervening complainant did not oppose the withdrawal, though they asked that their substantive contentions remain open. The Court, after hearing the counsel, granted liberty to the petitioners to withdraw the pending proceedings and to pursue any other remedy available under law. Consequently, the writ petition and the interim application were formally disposed of, with all parties' contentions left open for future litigation.
Issues considered
- Whether the High Court can grant leave to withdraw a pending criminal writ petition and an interim application.
- Whether the petitioners may be given liberty to file alternative proceedings after withdrawal.
Subjects
- withdrawal of writ petition
- interim application
- criminal appellate jurisdiction
- liberty to file alternative proceedings
- high court discretion
Judgment
Digitally
signed by
LAXMIKANT
LAXMIKANT GOPAL (50) IA-1576.26-WP-6286.25.DOCX
GOPAL CHANDAN
CHANDAN Date:
2026.05.09
13:32:04
+0530
lgc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL INTERIM APPLICATION NO.1576 OF 2026
IN
CRIMINAL WRIT PETITION NO.6286 OF 2025
WITH
WRIT PETITION NO.6286 OF 2025 (NOB)
Ankush R Singh and ors. : Applicants/
Petitioners.
Versus.
The State of Maharashtra and anr. : Respondents
-----
Mr. Majeed Memon a/w Adv. Tapish Jain and Smran Undre
for the Applicants/Petitioners.
Mr. Anuja Gotad, APP for the Respondent/State.
Mr. Varun Thokal for the Intervener/Complainant.
-------
CORAM : ASHWIN D. BHOBE, J.
DATED : 08 MAY 2026
PC:-
1. This matter is listed at Sr. No.50 on today’s “Daily
board”.
2. At 11.00 am, Mr. Majeed Memon, learned Senior
Advocate for the Applicants/Petitioners, requested that the
Interim Application No. 1576 of 2026 and the Writ Petition
No. 6286 of 2025 be taken up out of turn. At the request of
Mr. Majeed Memon, the Interim Application and the Writ
Petition are taken up.
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(50) IA-1576.26-WP-6286.25.DOCX
3. Mr. Majeed Memon, learned Senior Advocate for the
Applicants/Petitioners, on instructions from the
Applicants/Petitioners, seeks leave to withdraw the Writ
Petition No. 6286 of 2025 and the Interim Application No.
1576 of 2026, in view of the subsequent orders passed by the
Trial Court. He submits that liberty be granted to the
Petitioners to challenge those orders.
4. Mr. Varun Thokal, learned Advocate for the
Intervener/Complainant and Mrs. Anuja Gotad, learned APP
for the Respondent/State, do not object to the request made
by Mr. Majeed Memon, learned Senior Advocate for the
Applicants/Petitioners. However, they submit that all their
contentions and objections be left open.
5. In view of the statements made by Mr. Majeed Memon,
learned Senior Advocate for the Applicants/Petitioners, leave
is granted to withdraw the Writ Petition No. 6286 of 2025 and
the Interim Application No. 1576 of 2026, with liberty to file
appropriate proceedings as may be available in law.
6. All contentions of the parties are left open.
7. Writ Petition No. 6286 of 2025 and the Interim
Application No. 1576 of 2026 are disposed of.
(ASHWIN D. BHOBE, J.)
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