Bombay High Court

NISHANT ANNASAHEB GHATAGEversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal: Disposed Off

Holding

The Court allowed the petitioner to withdraw the writ petition with liberty to file appropriate proceedings before the trial court.

Summary

The petitioner filed a criminal writ petition before the Bombay High Court seeking a writ of certiorari to set aside a judgment dated 14 July 2026 passed by the Chief Judicial Magistrate in RCC No.117 of 2018, alleging illegality, invalidity and incorrectness. He requested the court to examine the legality, validity and correctness of that judgment. During the hearing, the petitioner’s counsel sought permission to withdraw the writ petition and instead pursue appropriate relief before the trial court. The State’s counsel did not oppose the request. The bench granted leave to withdraw the petition and directed that any future application before the trial court be decided on its merits. Consequently, the writ petition was disposed of as withdrawn.

Issues considered

Whether the petitioner may withdraw the criminal writ petition and seek relief in the trial court

Subjects

writ of certiorari
withdrawal of petition
criminal appellate jurisdiction
High Court
quash order
trial court

Judgment

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18-WP-674-2026 (CR).DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR

CRIMINAL APPELLATE JURISDICTION

CR. WRIT PETITION NO. 674 OF 2026

Nishant Annasaheb Ghatage …...Petitioner
VERSUS
The State Of Maharashtra And Another …...Respondents

_________________________________________________________________

Mr. Sukumar Ghanavat, for Petitioner.
Dr. Ashvini A. Takalkar, APP, for Respondent No.1 - State.
PSI, Reshma Khot, Sangli City Police Station, present.
_________________________________________________________________

CORAM : ASHWIN D. BHOBE, J.
DATE : 7th SEPTEMBER, 2026.
P.C.

Digitally
signed by
SHANTANU
SHANTANU SHANKARSA
SHANKARSA DHUDUM
1. Heard Mr. Sukumar Ghanavat, learned Advocate for the
DHUDUM Date:
2026.09.07
19:21:49
+0530
Petitioner and Dr. Ashvini A. Takalkar, learned A.P.P., for Respondent No.1 –

State.

2. By the present Petition, the Petitioner has sought the following

substantial relief:

“a) This Hon’ble High Court be pleased issue writ of
certiorari of writ in the nature of certiorari or any other
appropriate writ and call for records and proceedings
pertaining to the Judgment and order dated
14/07/2026 passed by Ld. Chief Judicial Magistrate,
Shantanu S. Dhudum
2/2
18-WP-674-2026 (CR).DOC

Sangli in below Exhibit-19 in R.C.C. No.117 of 2018
and after examining its legality, validity and
correctness of the same, this Hon’ble Court be pleased
to quash and set aside the same.”

3. Mr. Sukumar Ghanavat, learned Advocate for the Petitioner, on

instructions from the Petitioner, seeks leave to withdraw the present

Petition with liberty to file appropriate proceedings before the Trial Court,

as may be available to the Petitioner in terms of law.

4. This request is not opposed by Dr. Ashvini A. Takalkar, learned

A.P.P. for Respondent No.1 – State.

5. In view of the statement made by Mr. Sukumar Ghanavat,

learned Advocate for the Petitioner, leave is granted to withdraw this

Petition with liberty as prayed for.

6. If any Application is filed before the Trial Court, the same shall

be considered on its own merits and in accordance with law.

7. Criminal Writ Petition No.674 of 2026 is disposed of as

withdrawn.

( ASHWIN D. BHOBE, J.)

Shantanu S. Dhudum

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