Bombay High Court

SHIVAJI BAPURAO JAGTAP AND ORS.versusTHE STATE OF MAHARASHTRA AND ANR.

Disposal: Disposed off as Withdrawn

Holding

The court held that leave may be granted to withdraw a criminal writ petition and the petition can be disposed of as withdrawn.

Summary

The petitioners, Shivaji Bapurao Jagtap and others, filed a criminal writ petition before the Bombay High Court seeking leave to withdraw the petition and initiate appropriate proceedings before the trial court. The petition raised the procedural question of whether a party may be permitted to abandon a writ petition and pursue the matter afresh in a lower court. The learned counsel for the petitioners requested the court's permission to withdraw, while the respondent State of Maharashtra opposed the request. The bench examined the principles governing the withdrawal of criminal writ petitions and the discretion of the court to allow such withdrawal. Finding no legal impediment and noting the petitioners' clear intention, the court granted leave to withdraw the petition. Consequently, the petition was disposed of as withdrawn, with liberty as prayed for.

Issues considered

Whether a petitioner may be granted leave to withdraw a criminal writ petition and file fresh proceedings before the trial court

Subjects

withdrawal of petition
criminal writ petition
procedural law
high court
trial court

Judgment

45-WP-689-2026 (CR).docx

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

CRIMINAL WRIT PETITION NO. 689 OF 2026

Shivaji Bapurao Jagtap And Ors … Petitioners
V/s.
State of Maharashtra And Anr … Respondents
________________________
Mr. Abhang Suryawanshi i/by Mr. Swapnil S. Kalokhe, Advocates
for Petitioners.
Mr. Anand S. Shalgaonkar, APP for Respondent-State.
_________________________

CORAM : RAJESH S. PATIL &
ABHAY J. MANTRI, JJ.

DATED : SEPTEMBER 22, 2026
P.C.:
1. Learned Counsel appearing for the Petitioners, on the

instructions of the Petitioners, seeks leave and liberty to withdraw

the Petition and file appropriate proceedings before the Trial

Court.

2. Leave, as prayed for, granted.

3. The Petition stands disposed of as withdrawn, with liberty as

prayed for.

Digitally
signed by
TALLE
TALLE SHUBHAM
SHUBHAM ASHOKRAO
ASHOKRAO Date:
(ABHAY J. MANTRI, J.) (RAJESH S. PATIL, J.)
2026.09.23
18:11:50
+0530

1/1
Shubham

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