Bombay High Court
TUKARAM DHAKU BAVDANE THR POA DINESH TUKARAM BAVDHANEversusTHE STATE OF MAHARASHTRA
- Disposal
- Disposed off as Withdrawn
Holding
The writ petition is withdrawn and disposed of, with the matter to be decided in the pending civil suit.
Summary
The petitioner, Tukaram Dhaku Bavdane, filed a criminal writ petition under Article 227 challenging an order of the Sub‑Divisional Magistrate dated 2025, which was affirmed by the Additional Sessions Judge. The petitioner sought urgent relief because the order was to be executed on the same day. During the hearing, the petitioner’s counsel requested a postponement and later indicated that a regular civil suit (No. 65 of 2026) had been filed on the same issues, and an interim injunction was granted in that suit. The State’s counsel argued that the civil court would now adjudicate the dispute and cited Supreme Court precedent. The court accepted the petitioner's request to withdraw the writ petition, noting that all contentions remain open for consideration in the civil suit, and disposed of the writ petition as withdrawn.
Issues considered
- Whether the High Court has jurisdiction under Article 227 to entertain the criminal writ petition after a civil suit on the same matter has been instituted.
- Whether the existence of a parallel civil suit bars the continuation of the criminal writ petition.
Legislation cited
- BNSS, 2023 — s. Section 152
- Constitution of India — s. Article 227
Subjects
- Article 227
- jurisdiction
- criminal writ petition
- civil suit
- parallel proceedings
- withdrawal
- interim injunction
Judgment
910 - CR WP - 752 - 2026.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
VAIBHAV
RAMESH
JADHAV
Digitally signed by
VAIBHAV RAMESH
CRIMINAL WRIT PETITION NO. 752 OF 2026
JADHAV
Date: 2026.09.24
17:52:47 +0530
Tukaram Dhaku Bavdane
Through the PoA Holder
Dinesh Tukaram Bavdhane … Petitioner
V/s.
The State of Maharashtra & Ors. … Respondents
Mr. Rakesh Bhatkar with Mr. Vaibhav Arage i/by Mr. Aarya
V. Ambulkar for the Petitioner.
Dr. A. A. Takalkar, APP for the State.
Mr. Abhijeet A. Kadam for Respondent Nos.2 to 4.
CORAM : ASHWIN D. BHOBE, J.
DATED : SEPTEMBER 24, 2026
P.C.:
1. By this Petition, the Petitioner has sought for the following relief:
“a) The impugned order is passed by the learned additional session judge,
Ratnagiri, in Criminal Revision Application No. 27 of 2026. By confirming the
order passed by the Ld. Sub-Divisional Magistrate in BNSS Case No. 12 of
2025, and considering the nature of the order, no other remedy is available to
the petitioner; therefore, the petitioner is invoking the jurisdiction of this
honourable court under Article 227 of the Constitution of India.
b) The petitioner states that the impugned order was passed by the Ld.
Additional Sessions Judge, Ratnagiri, and therefore this Hon’ble Court has the
jurisdiction to try and entertain the present matter.”
2. On 22nd September 2026, the following order was passed:
“1. At 10:30 a.m., Mr. Rakesh Bhatkar, learned Advocate for the Petitioner,
made a request for taking up this Petition on an urgent basis. The urgency
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910 - CR WP - 752 - 2026.docx
expressed by Mr. Rakesh Bhatkar, learned Advocate for the Petitioner, was
that the order passed by the Sub-Divisional Magistrate, Ratnagiri, under
Section 152 of the BNSS, 2023, was scheduled to be executed/implemented
at 11:30 a.m. On the request of Mr. Rakesh Bhatkar, learned Advocate for the
Petitioner, and in view of the urgency expressed by Mr. Rakesh Bhatkar, this
Petition was ordered to be taken up immediately after the mentioning was
over.
2. The matter was taken up at the request of Mr. Rakesh Bhatkar, learned
Advocate for the Petitioner. After having heard the matter for some time,
Advocate Mr. Rakesh Bhatkar sought time to take instructions from the
Petitioner and the matter was, at his request, deferred till post-lunch.
3. At 2:30 p.m., Mr. Aarya Ambulkar, learned Advocate for the Petitioner,
appears and states that he could not take instructions from the Petitioner and,
therefore, requests for listing of this Petition on 24th September 2026 for
taking instructions.
4. List this Petition on 24th September 2026, under the caption “Part-
heard”.”
3. Today, Mr. Rakesh Bhatkar, learned Advocate for the Petitioner,
states that the Petitioner has instituted Regular Civil Suit No. 65 of 2026
before the Court of the Civil Judge, Junior Division, Deorukh, Ratnagiri,
and the Civil Court, vide order dated 23rd September 2026, has passed
interim orders in the said Regular Civil Suit No. 65 of 2026. Order
dated 23rd September 2026 passed in Regular Civil Suit No. 65 of 2026
is taken on record and marked as ‘X’ for identification.
4. Mr. Rakesh Bhatkar, learned Advocate for the Petitioner, submits
that as the parties to this Petition are before the Civil Court in R.C.S.
No. 65 of 2026, this Petition be disposed of by leaving all the rights and
contentions of the Petitioner open for consideration before the Civil
Court.
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910 - CR WP - 752 - 2026.docx
5. Mr. Abhijeet A. Kadam, learned Advocate for Respondent Nos. 2
to 4, states that he has taken note of the submissions made by Mr.
Rakesh Bhatkar, learned Advocate for the Petitioner, and the interim
injunction granted by the Civil Judge, Junior Division, Deorukh,
Ratnagiri, in R.C.S. No. 65 of 2026.
6. Dr. A. A. Takalkar, learned APP for the State, submits that once
the parties are before the Civil Court, the Civil Court would be
adjudicating the rival claims of the parties and this Petition does not
survive. Dr. A. A. Takalkar, learned APP relies on the decision of the
Hon’ble Supreme Court in the case of Mohd. Abid & Ors. v. Ravi Naresh
& Ors., passed in Special Leave to Appeal (Crl.) No(s). 5444 of 2022,
dated 1st November 2022.
7. In view of the statements made by Mr. Rakesh Bhatkar, learned
Advocate for the Petitioner, and Dr. A. A. Takalkar, learned APP, leave is
granted to withdraw this Petition.
8. Criminal Writ Petition No. 752 of 2026 is disposed of as
withdrawn.
9. All the contentions of the parties are left open for consideration
in Regular Civil Suit No. 65 of 2026.
(ASHWIN D. BHOBE, J.)
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