Bombay High Court

DR. MAHADEO SHIVALING SAGARE AND ANRversusTHE ASSISTANT COMMISSIONER OF POLICE AND ORS

Decided: 19 August 2026
Disposal: Disposed Off

Holding

The Court granted leave to withdraw the petition and liberty to seek future relief.

Summary

The petitioners, Dr. Mahadeo Shivaling Sagare and others, filed a writ petition in the Bombay High Court challenging the registration of Crime No.398 of 2019 at Vishrambaug Police Station, Pune. After the police filed a B Summary report, the petitioners' counsel sought leave to withdraw the petition, requesting liberty to approach the court later for quashing the FIR if they were subsequently indicted. The Court examined whether a petition in criminal appellate jurisdiction could be withdrawn and whether liberty could be granted for future relief. The Bench held that the petition could be withdrawn and granted the requested liberty. Consequently, the petition was disposed of as withdrawn, with the petitioners retaining the right to seek appropriate relief in the future.

Issues considered

Whether a writ petition in criminal appellate jurisdiction may be withdrawn after filing.
Whether the court can grant liberty to the petitioners to seek quashing of the FIR if they are later indicted.

Subjects

withdrawal of petition
writ petition
criminal appellate jurisdiction
quashing of FIR
liberty to seek relief

Judgment

pmk 18-WP-81-2020.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

WRIT PETITION NO.81 OF 2020

Dr. Mahadeo Shivaling Sagare & Ors. … Petitioners
V/s.
The Assistant Commissioner Of Police & Ors. … Respondents

Mr. Nitin Deshpande(through V.C.) a/w Ms. Kanchan Phatak for the
Petitioners.
Mr. J.P. Yagnik, APP for the Respondent-State.
Mr. M. Mokashi, PSI, Vishrambaug Police Station, Pune, Present.

CORAM : A. S. GADKARI AND
KAMAL KHATA, JJ.
DATE : 19th August, 2026

P.C.:-
Digitally
signed by
PRIYANKA
PRIYANKA MADHAVRAO
MADHAVRAO KALE
KALE
1) As the police have already filed ‘B Summary’ Report before the
Date:
2026.08.21
11:43:51
+0530
Court of competent jurisdiction, Mr. Deshpande learned counsel for the

Petitioners on instructions seek leave to withdraw Petition with liberty to

seek appropriate reliefs for quashing of the crime in question, if the

Petitioners are indicted in the said Crime No.398 of 2019 registered with

Vishrambaug Police Station, Pune.

1.1) Leave and liberty granted.

2) Disposed off as withdrawn with aforesaid liberty.

(KAMAL KHATA, J.) (A.S. GADKARI, J.)

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