Created by Fuzzy Cloud

Bombay High Court

NOORUDIN VELSI JIVANIversusTHE STATE OF MAHARASHTRA AND ORS.

Disposal
Allowed To be withdrawn

Holding

The Court granted leave to withdraw the petition and dismissed it as withdrawn.

Summary

The petitioner, Noorudin Velsi Jivani, filed a criminal writ petition challenging his alleged non-impleading as an accused in the FIR and charge-sheet. During hearing, the petitioner’s counsel informed the Court that the petitioner was indeed not named as an accused and expressed a desire to withdraw the petition. The Court examined the request and, noting the petitioner’s change of mind, considered whether leave to withdraw could be granted. The Court accepted the petitioner's statement, granted leave to withdraw, and ordered the petition to be dismissed. Consequently, the petition was dismissed as withdrawn, with no further orders.

Issues considered

  • Can a criminal writ petition be withdrawn when the petitioner is not impleaded as an accused in the FIR or charge-sheet?

Subjects

  • withdrawal of petition
  • criminal procedure
  • impleading of accused
  • FIR
  • charge-sheet

Judgment

                                                                                              25-WP-688-2026 (CR).odt




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

                                      CRIMINAL WRIT PETITION NO. 688 OF 2026

                      Noorudin Velsi Jivani                               ]      Petitioner

                                 versus

                      The State of Maharashtra and others                 ]      Respondents
                                                         …..
                      Ms. Sana Raees Khan (through V.C.), Advocate for Petitioner.
                      Ms. Priyanka Rane, A.P.P, for Respondent No.1 – State.
                                                         …..
         Digitally
         signed by
         SHAILAJA
SHAILAJA SHRIKANT
SHRIKANT HALKUDE
                                                              CORAM : ABHAY J. MANTRI, J.
HALKUDE Date:
         2026.09.04
         10:40:12
                                                              DATE  : SEPTEMBER 3, 2026
         +0530

                      PER COURT :

                      1.                  After hearing the learned Advocate for the Petitioner for some

                      time, when this Court has expressed its disinclination to entertain the

                      Petition, the learned Advocate for the Petitioner, on instructions, submits that

                      the Petitioner was not impleaded as an accused in the F.I.R. nor in the

                      Charge-sheet. In view thereof, she does not wish to press the Petition and

                      seeks leave to withdraw the same. Her statement is accepted. Leave, as

                      prayed for, is granted.

                      2.                  In view of the above, the Petition is dismissed as withdrawn.




                                                                                (ABHAY J. MANTRI, J.)


                      Shailaja                                                                            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.