Bombay High Court
AMOL DILIP SAWANTversusSTATE OF MAHARASHTRA AND ORS.
- Disposal
- Disposed Off
Holding
The court allowed the petitioner to withdraw the writ petition and disposed of it as withdrawn.
Summary
The petitioner, Amol Dilip Sawant, challenged a search warrant dated 27/07/2026 issued by a Judicial Magistrate under Section 97 of the Cr.P.C., alleging it violated his fundamental right to privacy under Article 21 and seeking various writs including quashing the warrant and ordering inquiries into alleged police misconduct. The petition listed seven specific reliefs, ranging from setting aside the warrant to directing an independent inquiry into alleged extortion and tampering of court registers. After hearing, the petitioner's counsel sought leave to withdraw the petition, a request that was not opposed by the respondent's counsel. The court, noting the unopposed request, granted leave to withdraw and ordered the petition to be disposed of as withdrawn. Consequently, no substantive adjudication on the merits of the warrant's legality or the alleged violations was made.
Issues considered
- Whether the search warrant issued under Section 97 of the Criminal Procedure Code was valid and complied with constitutional guarantees of privacy under Article 21.
- Whether the alleged police actions constituted illegal restraint, extortion, and tampering of official records warranting an independent inquiry.
Subjects
- search warrant
- Article 21
- privacy
- Criminal Procedure Code
- withdrawal of petition
- writ petition
- police misconduct
Judgment
15.WP-743-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
WRIT PETITON NO. 743 OF 2026
Amol Dilip Sawant ...Petitioner
Versus
The State of Maharashtra And Ors. ...Respondents
_______________________________________________________________
Mr. R. M. Shinde, Advocate for the Petitioner.
Mr. N. B. Patil, APP for the Respondent – State.
_______________________________________________________________
CORAM : ASHWIN D. BHOBE, J.
DATE : 29th September, 2026.
P.C. :
1. By the present Petition, the Petitioner has sought for the
following reliefs in terms of prayer clauses (a) to (g) :-
a. Issue any appropriate writ, order, or direction
quashing and setting aside the impugned Search Warrant dated
27/07/2026 issued by Judicial Magistrate first Class, Wai, under
Section 97 of Cr.P.C. along with the unreasoned endorsement
order on Application Outward No. 4303/2026.
b. Issue any other appropriate writ, order, or direction
declaring the home search executed on 27/07/2026 at the
Petitioner's residence as illegal, unconstitutional, and a direct
violation of the fundamental right to privacy and personal
liberty guaranteed under Article 21 of the Constitution of India.
c. Issue an appropriate Writ, Order, or Direction
instituting an independent departmental and judicial inquiry
against Respondent No. 3 and accompanying police personnel
for attempted extortion, illegal restraint of the Petitioner's minor
daughter alongwith family and deliberate coercion.
d. Issue an appropriate Writ, Order, or Direction
Arjun 1
15.WP-743-2026.doc
ordering a formal enquiry into the physical manipulation,
backdating, and tampering observed in the Official Inward and
Outward Register of the Hon'ble Court Judicial Magistrate first
Class, Wai.
e. Direct the Respondent No. 3 and local police
authorities to refrain from taking any coercive, hostile, or
retaliatory steps against the Petitioner and his family members
pursuant to the search dated 27/07/2026.
f. Award costs of this petition in favor of the Petitioner
for the arbitrary harassment and mental agony caused.
g. Pass any such further order or orders as this Hon'ble
Court may deem fit and proper in the interest of equity, justice,
and good conscience.
2. After having heard the matter for sometime, Mr. R. M. Shinde,
learned Advocate for the Petitioner, sought a passover to take
instructions from the Petitioner. After some time, at his request, the
matter was taken up.
3. Mr. R. M. Shinde, 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
appropriate forum as may be available to the Petitioner, in terms of law.
4. The request made by R. M. Shinde, learned Advocate for the
Petitioner, is not opposed by Mr. N. B. Patil, learned APP for the
Respondent – State.
Arjun 2
15.WP-743-2026.doc
5. In view of the statement made by Mr. R. M. Shinde, learned
Advocate for the Petitioner, leave is granted to withdraw the present
Petition.
6. Writ Petition No. 743 of 2026 is disposed of as withdrawn.
(ASHWIN D. BHOBE, J.)
Digitally
signed by
ARJUN
ARJUN KRISHNA
KRISHNA RODGE
RODGE Date:
2026.10.01
10:51:00
+0530
Arjun 3
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