Bombay High Court

ABDUL KADIR S/O JULLUR REHMANversusTHE STATE OF MAHARASHTRA AND ORS

Decided: 31 July 2026
Disposal: Allowed To be withdrawn
Bench: SARANG VIJAYKUMAR KOTWAL ASHISH SAHADEV CHAVAN

Holding

The Court held that the petitioner may withdraw the writ petition and is at liberty to prefer an appeal, with the appellate court empowered to condone any delay.

Summary

The petitioner, Abdul Kadir, sought permission to withdraw his writ petition and obtain liberty to file an appeal against a judgment and order dated 17/08/2021 passed by the Special Judge, NIA, Sessions Court in NIA Special Cases No.1/2019 and No.3/2019. The High Court considered whether a writ petition could be withdrawn and whether the petitioner could be granted leave to appeal despite any delay in filing. The Court held that the petitioner may withdraw the petition and is at liberty to prefer an appeal. It further observed that any delay in filing the appeal may be condoned by the appropriate appellate court, which can decide the appeal on its merits. Consequently, the petition was disposed of, and the petitioner was directed to approach the appellate court for condonation of delay.

Issues considered

Whether a petitioner may withdraw a writ petition and be granted liberty to file an appeal against a NIA judgment.
Whether delay in filing the appeal can be condoned by the appellate court.

Subjects

withdrawal of writ petition
appeal
condonation of delay
NIA
criminal procedure
high court

Judgment

                                                         1/2                    02-WP-751-26.odt

                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                          CRIMINAL APPELLATE JURISDICTION

                                             WRIT PETITION NO.751 OF 2026

                           Abdul Kadir s/o Jullur Rehman                 .... Petitioner

                                        versus

                           The State of Maharashtra & Ors.               .... Respondents
                                                        …....

                           •     Mr. Satheesh K. R., Advocate for Petitioner.
                           •     Mr. Nitin Gaware Patil a/w Mr. Harsh Rathod i/b. Sagar
                                 Bhandare, for Respondent Nos.3 and 4/NIA.
                           •     Ms. Kranti Hiwrale, APP for the State/Respondent.

                                                 CORAM     : SARANG V. KOTWAL &
                                                             ASHISH S. CHAVAN, JJ.
                                                 DATE      : 31st JULY, 2026

                           P.C. :


                           1.           Learned counsel for the Petitioner after arguing for

                                some time seeks permission to withdraw this Petition with

                                liberty to file Appeal against the Judgment and Order dated

                                17/08/2021 passed by the learned Special Judge, NIA, Sessions

                                Court, for Greater Bombay in NIA Special Case No.1/2019 along

MANUSHREE
                                with in NIA Special Case No.3/2019 along with in NIA Special
NESARIKAR

Digitally signed by
MANUSHREE
NESARIKAR
                                Case No.465/2021.
Date: 2026.08.01
13:22:59 +0530




               Nesarikar
                               2/2                     02-WP-751-26.odt

2.            We are permitting the Petitioner to withdraw this

     Petition. He is at liberty to prefer an Appeal. However, there

     would be delay in filing the Appeal. The appropriate Appellate

     Court may consider the condonation of delay and decide the

     Appeal on merits in accordance with law on its own merits

     without being influenced by withdrawal of this Petition.



3.            The Petition is disposed of.




         (ASHISH S. CHAVAN, J.)              (SARANG V. KOTWAL, J.)

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