Bombay High Court

VINAY ARUN BOPI AND ANRversusSTATE OF MAHARASHTRA AND ANR

Decided: 17 February 2026
Disposal: Disposed Off
Bench: ASHWIN D BHOBE

Holding

The Court allowed the withdrawal of the criminal writ petition and granted liberty to file an application for discharge before the trial court.

Summary

The petitioners, Vinay Arun Bhopi and another, filed a criminal writ petition seeking the quash of FIR No. 1494 of 2025, which alleged offences under sections 354, 509, 506, 323 and 34 of the Indian Penal Code. During the hearing, the petitioners, through counsel, requested permission to withdraw the writ petition and instead file an application for discharge before the trial court at a later stage. The State did not oppose this request. The Court granted leave to withdraw the writ petition, directing that any subsequent application for discharge be considered on its own merits. Consequently, the writ petition was disposed of as withdrawn.

Issues considered

Whether a criminal writ petition seeking quash of an FIR may be withdrawn with liberty to file a discharge application before the trial court.

Legislation cited

Indian Penal Code, 1860 — s. 323, 34, 354, 506, 509

Subjects

criminal writ petition
withdrawal
FIR quash
Indian Penal Code
procedural relief
discharge application

Judgment

Gitalaxmi 20-WP-697-2026.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION

WRIT PETITION NO. 697 OF 2026

Vinay Arun Bhopi And Anr. ...Petitioners

Versus

The State of Maharashtra And Anr. ...Respondents
__________

Mr. Bablu J. Shaikh, learned Advocate for the Petitioners.

Mr. Prasanna P. Malshe, learned A.P.P. for the State/Respondent.
PSI Mr. J. Shende attached to Malvani Police Station, Mumbai is present
in the Court.
__________

CORAM : ASHWIN D. BHOBE, J.
DATE : 17th FEBRUARY 2026.

P.C. :

1. Heard Mr. Bablu Shaikh, learned Advocate for the Petitioners
and Mr. Prasanna Malshe, learned A.P.P. for the State/Respondent.

2. By the present Petition, the Petitioners have sought for the
following substantive relief in terms of prayer clause (a) :-

“a) That this Hon'ble Court be pleased to quash and set
aside the FIR bearing No. 1494 of 2025 dated 03/12/2025
pending before the respondent no.1 the Malawani police
station u/s 354, 509, 506, 323, & 34 of the Indian Penal Code
in view of the petition filed before this Hon'ble Court in its
Extra Inherent Jurisdiction.”

3. After having heard the matter for some time, Mr. Bablu
Shaikh, learned Advocate for the Petitioners, on instructions from

Page 1 of 2
Gitalaxmi 20-WP-697-2026.doc

the Petitioners craves leave to withdraw the present Petition with
liberty to file an Application seeking discharge before the Trial
Court at the appropriate stage.

4. Mr. Prasanna Malshe, learned A.P.P. for the State/Respondent
does not object for grant of the request made by Mr. Bablu Shaikh,
learned Advocate for the Petitioners.

5. In view of the above, leave is granted to withdraw the
present Criminal Writ Petition with liberty as prayed for.

6. If such Application is filed by the Petitioners before the
learned Trial Court at the appropriate stage, the same be
considered on its own merits and in accordance with law.

7. Criminal Writ Petition No. 697 of 2026 is disposed of as
withdrawn.

[ASHWIN D. BHOBE, J.]

Digitally signed
by GITALAXMI
GITALAXMI KRISHNA
KRISHNA KOTAWADEKAR
KOTAWADEKAR Date:
2026.02.20
19:57:04 +0530

Page 2 of 2

Continue reading with your account

Checking your session…