Bombay High Court
VIVEK ABASAHEB SARVADEversusUSV PRIVATE LIMITED
- Decided
- Disposal
- Allowed To be withdrawn
Holding
The writ petition may be withdrawn and disposed of when the underlying order has been set aside.
Summary
The petitioner, Vivek, filed a criminal writ petition challenging a 'No Cross' order. The trial court subsequently set aside that order, rendering the basis of the writ petition moot. Counsel for the petitioner therefore moved to withdraw the writ petition, arguing that there was nothing left to contest. The respondent, USV Private Limited, was represented by the Assistant Public Prosecutor. The High Court examined the request and found no impediment to withdrawal since the underlying order had been vacated. Consequently, the Court allowed the petition to be withdrawn and ordered its disposal.
Issues considered
- Whether a criminal writ petition can be withdrawn after the trial court has set aside the order it challenges
Subjects
- withdrawal of writ petition
- no cross order
- criminal appellate jurisdiction
- procedural law
- petition disposal
Judgment
904-WP-836-2026.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO.836 OF 2026
Vivek s/o. Abasaheb Sarvade …Petitioner
Versus
USV Private Limited & Anr. …Respondents
Mr. Ashok Dinkar Raut (through Video Conferencing), for the
Petitioner.
Mr. Mayur Sonawane, APP, for the Respondent-State.
CORAM: MADHAV J. JAMDAR, J.
DATED : 14th AUGUST 2026
PC:-
1. Mr. Ashok Raut, learned Counsel appearing for the Petitioner
submits that by this Writ Petition, the Petitioner challenges a ‘No
Cross’ order. However, as the learned Trial Court has set aside the
said order, nothing survives in this Writ Petition. He, therefore,
seeks withdrawal of the Writ Petition.
2. Accordingly, the Writ Petition is allowed to be withdrawn
and disposed of as such.
Digitally
signed by [MADHAV J. JAMDAR, J.]
SONALI
SONALI MILIND
MILIND PATIL
PATIL Date:
2026.08.14
15:25:22
+0530
Page 1
Sonali
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