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Bombay High Court

DIVYESH ASHWIN CHANDARANAversusSTATE OF MAHARASHTRA AND ANR

Decided
Disposal
Disposed Off

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The petition is withdrawn and disposed of, with liberty to file a discharge application before the trial court.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allowing the petitioner to pursue discharge at the appropriate stage, and ordered the petition to be disposed of as withdrawn.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  • Whether a writ petition seeking quashing of criminal proceedings can be withdrawn by the petitioner.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

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
                                                                         ---

                              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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