Bombay High Court
AJIT DASHRATH ROKADE AND ORSversusSTATE OF MAHARASHTRA AND ANR
- Disposal
- Disposed off as Withdrawn
- Bench
- SANDESH D PATIL
Holding
The petition was allowed to be withdrawn and disposed of as withdrawn.
Summary
The petitioners filed a criminal writ petition seeking relief against the State of Maharashtra. After the charge-sheet was filed, the petitioners, through counsel, requested to withdraw the petition and sought permission to file a fresh petition incorporating the charge-sheet. The Court considered whether such withdrawal was permissible at this stage of the proceedings. The Court granted leave to withdraw the petition and ordered its disposal as withdrawn. Consequently, the petition was dismissed without adjudicating the substantive issues.
Issues considered
- Whether a criminal writ petition may be withdrawn after the filing of a charge-sheet and with liberty to file a fresh petition
Subjects
- withdrawal of petition
- criminal procedure
- charge-sheet
Judgment
49-WP-873-2025 (CR).doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 873 OF 2025
Ajit Dashrath Rokade and others ] Petitioners
VS.
State of Maharashtra and another ] Respondents
.....
Mr. Nusrat Shah a/w Mr. Sahil A. Shaikh a/w Ms. Sayali Ramugade, for
Petitioners.
Mr. Pankaj Deokar, A.P.P, for Respondent No.1 – State.
Ms. Rekha Musale (through V.C.), for Respondent No.2.
Digitally
signed by
…..
SHAILAJA
SHAILAJA SHRIKANT
SHRIKANT HALKUDE CORAM: SANDESH D. PATIL, J.
HALKUDE Date:
2026.07.14
16:58:27
+0530 DATED: 10th JULY 2026.
P. C. :
1. Mr. Shah, learned counsel appearing for the petitioners, on
instructions of the client, who is present with him, submits that he
would like to withdraw the petition since the charge-sheet is filed. He
further submits that he would seek leave of this court to file a fresh
petition by annexing the charge-sheet and taking necessary averments.
2. Leave as prayed for is granted. The petition is disposed of as
withdrawn with liberty as prayed for.
[SANDESH D. PATIL, J.]
Shailaja
1
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