Created by Fuzzy Cloud

Bombay High Court

KUMAR BHIMRAO JADHAVversusTHE STATE OF MAHARASHTRA

Disposal
Disposed off as Withdrawn

Holding

The Court granted leave to withdraw the writ petition and disposed of it as withdrawn, allowing the petitioner to raise the same grounds in a future appeal.

Summary

The petitioner, Kumar Bhimrao Jadhav, filed a writ petition under Article 227 of the Constitution and Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking to quash an order dated 18.8.2026 passed by the District Judge in Session Case No. 13 of 2023. The petition was listed, adjourned, and the petitioner’s counsel was absent when the matter was called. On 9th October 2026, the petitioner’s advocate sought leave to withdraw the petition, proposing to raise the same grounds in a future appeal if the session court’s final order proved adverse. The State’s counsel did not oppose the withdrawal and suggested it as the proper course. The Court, agreeing with the advocate’s request, granted leave to withdraw the petition and disposed of the writ petition as withdrawn.

Issues considered

  • What is the appropriate procedure for withdrawing a writ petition after it has been listed and adjourned?
  • Can the petitioner be permitted to raise the same grounds in a subsequent appeal after withdrawing the writ petition?

Legislation cited

Subjects

  • Article 227
  • writ petition
  • withdrawal
  • criminal appellate jurisdiction
  • BNSS
  • session court order

Judgment

                                                           910-WP-762-2026 (CR).docx


              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       CIRCUIT BENCH AT KOLHAPUR

                     CRIMINAL APPELLATE JURISDICTION

                     CR. WRIT PETITION NO. 762 OF 2026

Kumar Bhimrao Jadhav                                     … Petitioner
                      Versus
The State of Maharashtra                                 … Respondent


                                    ——————
Mr. Ajit J. Kenjale a/w. Mr. Abhijit Pasale for the Petitioner.
Mr. Nitin B. Patil, A.P.P. for the Respondent-State.
Officer : PC/257 Amol Bhambure, MIDC Kupwad Police Station, present.
                                    ——————

                                   Coram :       ASHWIN D. BHOBE, J.

                                   Date      :   9th October 2026.

PER COURT :


1.    By the present Petition, filed under Article 227 of the Constitution of

India, read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita,

2023 (BNSS), the Petitioner seeks the following substantive reliefs in terms of

prayer clauses (a) and (b).

       “(a)    This Hon'ble Court may be pleased to call for record and
               proceedings of the Session Case No. 13 of 2023 pending before
               the Ld. District Judge-7 & Additional Sessions Judge, Sangli and
               after perusing its legality, validity and propriety of the Impugned
               Judgement and Order dated 18.8.2026 passed by the Ld. District


osk                                 1 of 3
                                                          910-WP-762-2026 (CR).docx


             Judge-7 & Additional Sessions Judge, Sangli passed below Exh. 72
             in Session Case No. 13 of 2023, this Hon'ble Court may be pleased
             to quash and set aside;

      (b)    This Hon'ble Court may be pleased to allow the application of the
             Petitioner below Exh. 72 filed before the Ld. District Judge-7 &
             Additional Sessions Judge, Sangli.”



2.    On 6th October 2026, the following order was passed:

       “1.   This Petition was heard for substantial amount of time on
             05.10.2026. At the request of Mr. Ajit Kenjale, learned Advocate
             for the Petitioner, this Petition was kept back for taking
             instructions from the Petitioner. At the time of rising of the Court
             at 7:35 p.m., none appeared on behalf of the Petitioner either
             physically or through VC mode and as such, by inadvertence, a
             common date in this matter was given, listing the matter on
             26.10.2026.

       2.    After realizing that the present Petition was kept back for taking
             instructions from the Petitioner on 05.10.2026, the Registry placed
             this Petition today on the Production Board at Serial No. 501.

       3.    When this Petition was called out, neither the Petitioner nor the
             Advocate for the Petitioner were present in Court either physically
             or through VC mode. Perhaps, in view of the common date given
             in this Petition, the Advocate for the Petitioner is not present
             today.

       4.    To afford an opportunity to the Advocate for the Petitioner to
             appear, list this Petition on 09.10.2026.”




osk                                2 of 3
                                                                              910-WP-762-2026 (CR).docx


                     3.       Today, Mr. Ajit Kenjale, learned Advocate for the Petitioner, on

                     instructions from the Petitioner, seeks leave to withdraw the present Petition,

                     with liberty to raise all the grounds and contentions raised in this Petition in

                     the Appeal in the event the final order in Sessions Case No. 13 of 2023 is

                     adverse to the Petitioner.


                     4.       This request made by Mr. Ajit Kenjale, learned Advocate for the

                     Petitioner, is not opposed by Mr. Nitin Patil, learned A.P.P. for the Respondent-

                     State, who, in fact, submits that the same would be the proper course.


                     5.       In view of the statement made by Mr. Ajit Kenjale, learned Advocate for

                     the Petitioner, leave is granted to withdraw the present Petition, with liberty

                     as prayed.


                     6.       The Writ Petition No. 762 of 2026 is disposed of as withdrawn.




                                                             [ ASHWIN D. BHOBE, J. ]


           Digitally signed
           by OMKAR
           SHIVAHAR
OMKAR      KUMBHAKARN
SHIVAHAR
KUMBHAKARN Date:
           2026.10.09
           20:00:02
           +0530




                     osk                                 3 of 3


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.