Created by Fuzzy Cloud

Bombay High Court

SHAZIYA SULTANA GAYASUDDIN SHAIKHversusSTATE OF MAHARASHTRA AND ANOTHER

Disposal
Disposed Off

Holding

The writ petition may be withdrawn even after the charge‑sheet is filed, with liberty to file a fresh petition.

Summary

The petitioner, Shaziya Sultana Gayasuddin Shaikh, filed a writ petition challenging aspects of a criminal proceeding. While the petition was pending, the investigating officer completed the investigation and filed a charge‑sheet before the trial court. The petitioner’s counsel then sought permission to withdraw the writ petition and to file a fresh petition if needed. The learned Additional Public Prosecutor informed the court of the charge‑sheet filing. The court accepted the petitioner's request, allowing the withdrawal of the writ petition with liberty to file a fresh petition, and consequently disposed of the petition as withdrawn.

Issues considered

  • Whether a writ petition pending before the High Court can be withdrawn after the charge‑sheet has been filed in the underlying criminal case

Subjects

  • writ petition
  • withdrawal
  • charge sheet
  • criminal procedure
  • high court

Judgment

2026:BHC-KOL:7811
                                                                               14.WP.634.2026.odt



                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              CIRCUIT BENCH AT KOLHAPUR
                           CRIMINAL APPELLATE JURISDICTION

                                  WRIT PETITION NO. 634 OF 2026

          Shaziya Sultana Gayasuddin Shaikh                              ...Petitioner

                   Versus

          The State of Maharashtra and Another                           ...Respondents

                                             ***
           Mr. Rajvardhan Ghodge (Through V.C.), Advocate for the Petitioner.
           Mr. Anand S. Shalgaonkar, APP for Respondent – State.
                                             ***

                                                CORAM : ABHAY J. MANTRI, J.
                                                DATE  : AUGUST 20, 2026
          PER COURT :

          1.                The learned APP submits that during the pendency of the present

          Petition, the Investigating Officer has completed the investigation and filed

          the charge-sheet before the learned Trial Court.


          2.                In view of the above, the learned counsel for the Petitioner seeks

          leave to withdraw the present Writ Petition with liberty to file a fresh

          Petition. His statement is accepted.


          3.                In view of the above, the Writ Petition is disposed of as

          withdrawn, with liberty as prayed for.


                                                                  (ABHAY J. MANTRI, J.)

          Shrikant Malani                                                            Page 1 of 1


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.