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The writ petition is disposed of as withdrawn, with liberty granted to the petitioner to file a fresh petition if needed.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 Consequently, the writ petition was disposed of as withdrawn with liberty to file a fresh petition in the future.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