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Bombay High Court

JAYA TALAKSHI CHHEDAversusTHE STATE OF MAHARASHTRA

Disposal
Disposed Off

Holding

The writ petition is disposed of as withdrawn, with liberty granted to the petitioner to file a fresh petition if needed.

Summary

Petitioner Jaya Talakshi Chheda filed a writ petition challenging actions related to Crime No. 510 of 2021. The investigating officer, through the Assistant Police Prosecutor, submitted an undertaking that no evidence was found against the petitioner and no further proceedings would be taken. The petitioner, through counsel, sought permission to withdraw the writ petition, requesting liberty to file a fresh petition if any cause of action arises later. The Court accepted the undertaking and allowed the withdrawal of the petition. Consequently, the writ petition was disposed of as withdrawn with liberty to file a fresh petition in the future.

Issues considered

  • Whether the petitioner may withdraw the writ petition pending before the High Court
  • Whether the petitioner should be granted liberty to file a fresh petition if a cause of action arises later

Subjects

  • writ petition
  • withdrawal
  • criminal investigation
  • liberty to file fresh petition
  • High Court

Judgment

                                                                     12.WP.868.2024.odt



            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CIRCUIT BENCH AT KOLHAPUR
                 CRIMINAL APPELLATE JURISDICTION

                        WRIT PETITION NO. 868 OF 2024

Jaya Talakshi Chheda                                           ...Petitioner
      Versus
The State of Maharashtra                                       ...Respondent
                                 WITH
                  WRIT PETITION NO. 867 OF 2024
                                  ***
Mr. Taraq Sayyed (Through V.C.) a/w Mr. Onkar Bajaj i/b Mr. Ajay Dubey,
Advocate for the Petitioner.
Ms. Priyanka S. Rane, APP for Respondent – State.
                                  ***

                                      CORAM : ABHAY J. MANTRI, J.
                                      DATE  : AUGUST 14, 2026
PER COURT :

1.                The learned APP, on the instructions of Mr. Pravin Savant, Head

Constable, appearing on behalf of Mr. Kiran Londhe, Investigating Officer,

submitted that, during the course of the investigation, nothing has been found

against the Petitioner in connection with Crime No. 510 of 2021 registered

with Juna Rajwada Police Station, Kolhapur; therefore, they are not taking

any steps against the Petitioner nor filing any proceedings against the

Petitioner in future in respect of the present crime. The statement made by

the learned APP, on instruction, is accepted as an undertaking to the Court.

2.                In view of the above, the learned counsel for the Petitioner seeks

leave to withdraw this Petition with liberty to file a fresh petition if any cause

of action arises in respect of the present crime in future.
Shrikant Malani                                                            Page 1 of 2
                                                                      12.WP.868.2024.odt




3.                In view of the above statement, the Writ Petition is disposed of as

withdrawn with liberty as prayed.




                                                         (ABHAY J. MANTRI, J.)




Shrikant Malani                                                             Page 2 of 2


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