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The writ petition may be withdrawn even after the charge‑sheet is filed, with liberty to file a fresh petition.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the withdrawal of the writ petition with liberty to file a fresh petition, and consequently disposed of the petition as withdrawn.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- Whether a writ petition pending before the High Court can be withdrawn after the charge‑sheet has been filed in the underlying criminal case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withdrawn, with liberty as prayed for.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
Checking your session…