Bombay High Court
DIVYESH ASHWIN CHANDARANAversusSTATE OF MAHARASHTRA AND ANR
- Decided
- Disposal
- Disposed Off
- Bench
- ASHWIN D BHOBE
Holding
The petition is withdrawn and disposed of, with liberty to file a discharge application before the trial court.
Summary
The petitioner, Divyesh Ashwin Chandarana, filed a writ petition under Article 226 of the Constitution and Section 528 of the BNSS seeking quashing of FIR No. 515 of 2023 filed by the RA Kidvai Marg Police Station. The petitioner, through counsel, later requested permission to withdraw the petition and instead file an application for discharge before the trial court. The State's counsel did not oppose the withdrawal. The Court granted leave to withdraw the petition, allowing the petitioner to pursue discharge at the appropriate stage, and ordered the petition to be disposed of as withdrawn.
Issues considered
- Whether a writ petition seeking quashing of criminal proceedings can be withdrawn by the petitioner.
Legislation cited
- BNSS — s. 528
Subjects
- writ petition
- withdrawal
- quashing FIR
- Article 226
- Section 528
Judgment
11-WP-893-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Digitally signed
GAYATRI by GAYATRI
RAJENDRA
RAJENDRA
SHIMPI
SHIMPI
Date: 2026.03.09
CRIMINAL APPELLATE JURISDICTION
11:20:24 +0530
WRIT PETITION NO. 893 OF 2026
Divyesh Ashwin Chandarana … Petitioner
V/s.
The State of Maharashtra & Anr. … Respondents
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Mr. Aayush Pandey, Advocate for Petitioner.
Smt. P. P. Bhosale, APP for Respondent - State.
Mr. Shekhar Pawar – PSI, RAK Marg Police Station, Mumbai,
present-in-court.
Mr. Aniket Sawant – API – EOW, present-in-court.
---
CORAM : ASHWIN D. BHOBE, J.
DATE : 4th MARCH, 2026
P.C. :
1. By the present Petition, the Petitioner has sought for
the following substantive reliefs in terms of prayer clause 12(b):-
“b) Issue the proper writ, order, and directive in
accordance with Articles 226 of the Indian Constitution as
well as Section 528 of BNSS for quashing and setting aside
all criminal proceedings pertaining to the FIR in bearing
No.515 OF 2023 dated 29.11.2023 issued by RA Kidvai
Marg. Police Station;”
2. After having heard the matter for some time Mr.
Aayush Pandey, learned Advocate for the Petitioner, on instructions
Gayatri shimpi 1
11-WP-893-2026.doc
from the Petitioner craves leave to withdraw the present Petition
with liberty to file an Application seeking discharge before the
Trial Court at the appropriate stage. Request is not objected to by
Smt. P. P. Bhosale, learned APP for the State.
3. In view of the statement made by Mr. Aayush Pandey,
learned Advocate for the Petitioner, leave granted to withdraw the
present Petition with liberty to file an Application seeking
discharge before the Trial Court at the appropriate stage. If such
Application is filed, the same be considered on its own merits and
in accordance with law.
4. Criminal Writ Petition No. 893 of 2026 is disposed of
as withdrawn.
(ASHWIN D. BHOBE, J.)
Gayatri shimpi 2
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