Bombay High Court
CHANDRAKANT ANNA ROTEversusTHE STATE OF MAHARASHTRA AND ANR
- Disposal
- Disposed off as Withdrawn
Holding
The petition was allowed to be withdrawn and was disposed of as withdrawn.
Summary
Petitioner Chandrakant Anna Rote filed a writ petition seeking a mandamus or other writ to stay the summary criminal case No. 328/2024 pending before the Judicial Magistrate, until the final disposal of Cooperative Case No. 170/2022 before the Cooperative Court. The petitioner, through counsel, later requested to withdraw the petition and raise all grounds before the trial court and the competent authority under the Maharashtra Cooperative Societies Act, 1960. The respondent's counsel did not oppose the withdrawal. The Court, noting the petitioner's request, granted leave to withdraw the petition with liberty as prayed. Consequently, the petition was disposed of as withdrawn, leaving all contentions to be adjudicated in the trial proceedings.
Issues considered
- Whether the High Court should grant a stay of the summary criminal proceedings pending the outcome of the cooperative case.
Subjects
- writ of mandamus
- stay of proceedings
- withdrawal of petition
- criminal appellate jurisdiction
- Maharashtra Cooperative Societies Act
Judgment
132-WP-663-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO. 663 OF 2026
Chandrakant Anna Rote ...Petitioner
Versus
The State of Maharashtra And Anr. ...Respondents
_______________________________________________________________
Mr. Ratanrao, Advocate for the Petitioner.
Mr. S. H. Yadav, APP for the Respondent – State.
_______________________________________________________________
CORAM : ASHWIN D. BHOBE, J.
DATE : 5th October, 2026.
P.C. :
1. This Petition is at Serial No. 132 of the “Daily Causelist”. At
10:30 a.m., Mr. Ratanrao, learned Advocate for the Petitioner, requested
for taking up this matter out of turn. At his request, this Petition was
taken up out of turn at 7:30 pm.
2. By the present Petition, the Petitioner has sought for the
following substantive relief in terms of prayer clause (B) :-
B. The Hon'ble High Court be pleased to issue a Writ of
Mandamus, or any other appropriate writ, order, or direction,
staying all further proceedings in Summary Criminal Case No.
328/2024, pending on the file of the Ld. Judicial Magistrate
First Class, Islampur, till the final hearing and disposal of Co-
operative Case No. 170/2022, pending before the Hon'ble Co-
operative Court, Islampur.
Arjun 1
132-WP-663-2026.doc
3. After having heard the matter for some time, Mr. Ratanrao,
learned Advocate for the Petitioner, on instructions from the Petitioner,
seeks leave to withdraw the present Petition, to raise all the grounds
raised in this Petition before the Trial Court, as also the Competent
Authority under the Maharashtra Cooperative Societies Act, 1960,
presently dealing with proceeding connected to the subject matter of
this Petition.
4. The request made by Mr. Ratanrao, learned Advocate for the
Petitioner, is not opposed by Mr. S. H. Yadav, learned APP for the
Respondent – State.
5. In view of the statement made by Mr. Ratanrao, learned
Advocate for the Petitioner, leave is granted to withdraw the present
Petition with liberty as prayed.
6. All contentions of the Petitioners are left open to be adjudicated
in the trial of S.C.C. No. 328 of 2024, as also the other proceeding
referred to by Mr. Ratanrao, learned Advocate for the Petitioner.
7. Writ Petition No. 663 of 2026 is disposed of as withdrawn.
Digitally (ASHWIN D. BHOBE, J.)
signed by
ARJUN
ARJUN KRISHNA
KRISHNA RODGE
RODGE Date:
2026.10.06
16:32:36 Arjun 2
+0530
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