Bombay High Court
SHAIDABI NIJAM SHAIKH AND ORS.versusSTATE OF MAHARASHTRA AND ANR.
- Disposal
- Disposed off as Withdrawn
Holding
Leave was granted to withdraw the writ petition, and the petition was disposed of as withdrawn.
Summary
The petitioners, Shaidabi Nijam Shaikh and others, filed Criminal Writ Petition No. 723 of 2026 before the Bombay High Court, seeking relief against the State of Maharashtra. They later instructed their counsel, Mr. Parvej N. Nadaf, to seek leave of the Court to withdraw the petition, reserving the right to raise all their contentions before the Trial Court in Criminal Miscellaneous Application No. 245 of 2023. The Respondent, represented by Mr. C.D. Mali, did not oppose the withdrawal. The Court, after noting the petitioners' request and the lack of opposition, granted leave to withdraw the writ petition. Consequently, the writ petition was disposed of as withdrawn, leaving the petitioners' substantive contentions to be considered in the pending trial court application.
Issues considered
- Whether a party may be permitted to withdraw a criminal writ petition pending before the High Court
Subjects
- writ petition
- withdrawal
- criminal appellate jurisdiction
- High Court
- procedure
Judgment
912-WP-723-2026 (CR).docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CR. WRIT PETITION NO. 723 OF 2026
Shaidabi Nijam Shaikh & Ors. … Petitioners
Versus
State of Maharashtra & Anr. … Respondents
——————
Mr. Parvej N. Nadaf i/b. Mr. S. V. Mahamulkar for the Petitioners.
Mr. C.D. Mali, A.P.P. for the Respondent No.1-State.
Officer : PC/2126 Mr. Dnyaneshwar A. Tingare, Aundh Police Station, present.
——————
Coram : ASHWIN D. BHOBE, J.
Date : 17th September 2026.
PER COURT :
1. Mr. Parvej Nadaf, learned Advocate for the Petitioners, on instructions
from the Petitioners, seeks leave to withdraw the present Petition, with liberty
to raise all the grounds on merits as well as on law before the Trial Court in
Criminal Miscellaneous Application No. 245 of 2023.
2. This request is not opposed by Mr. Mali, learned A.P.P. for the
Respondent No.1-State.
3. In view of the statement made by Mr. Parvej Nadaf, learned Advocate
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912-WP-723-2026 (CR).docx
for the Petitioners, on instructions from the Petitioners, leave is granted to
withdraw the present Petition.
4. All the contentions of the Petitioners are left open for consideration by
the Trial Court in Criminal Miscellaneous Application No. 245 of 2023.
5. The Writ Petition No. 723 of 2026 is disposed of as withdrawn.
[ ASHWIN D. BHOBE, J. ]
Digitally signed
by OMKAR
SHIVAHAR
OMKAR KUMBHAKARN
SHIVAHAR
KUMBHAKARN Date:
2026.09.17
15:48:25
+0530
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