Bombay High Court
SONU RAM MAHESH YADAVversusTHE STATE OF MAHARASHTRA AND ANR
- Decided
- Disposal
- Disposed Off
- Bench
- ASHWIN D BHOBE
Holding
The writ petition is withdrawn and disposed of, with no order on the merits.
Summary
Petitioner Sonu Ram Mahesh Yadav filed a writ petition under the inherent power of Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking to quash FIR No. 533 of 2025 registered under Sections 108, 352, 352(2) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023. The petitioner later requested to withdraw the petition and instead file an application for discharge before the trial court, noting that the State had not yet filed a charge‑sheet. The State’s counsel indicated that the investigation was nearing completion and a charge‑sheet would be filed within four weeks. The Court granted leave to withdraw the writ petition with liberty to file a discharge application later, and disposed of the petition as withdrawn.
Issues considered
- Whether the High Court can quash the FIR under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
- Whether the petitioner may withdraw the writ petition and seek discharge before the trial court.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 528
- Bharatiya Nyaya Sanhita, 2023 — s. 108, 352, 352(2) r/w 3(5)
Subjects
- writ petition
- quash FIR
- inherent power
- criminal procedure
- withdrawal
- charge sheet
- investigation
Judgment
12-WP-897-2026.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
11:20:25 +0530
WRIT PETITION NO. 897 OF 2026
Sonu Ram Mahesh Yadav … Petitioner
V/s.
The State of Maharashtra & Anr. … Respondents
---
Mr. Devendra Patil, Advocate for Petitioner.
Mr. Sukanta Karmakar, APP for Respondent – State.
Mr. Vikas Jadhav – PSI, Bhandup Police Station.
---
CORAM : ASHWIN D. BHOBE, J.
DATE : 4th MARCH, 2026
P.C. :
1. By the present Petition, the Petitioner has sought for
the following substantive relief in prayer clause (a):-
“(a) That this Hon'ble Court be pleased to issue order or
direction under the inherent power under Section 528 of
Bharatiya Nagarik Suraksha Sanhita, 2023 be pleased to
Quash and set aside the First Information Report being FIR
No. 533 of 2025, under Sections 108, 352, 352(2) r/w
3(5) of Bharatiya Nyaya Sanhita, 2023 registered by the
Bhandup Police Station. And/or to pass such other and
further Orders as this Hon'ble Court may deem fit and
proper in the interest of justice:”
2. After having heard the matter for some time, Mr.
Devendra Patil, learned Advocate for the Petitioner, on instructions
from the Petitioner, craves leave to withdraw the present Petition
Gayatri shimpi 1
12-WP-897-2026.doc
with liberty to file an Application seeking discharge before the
Trial Court at the appropriate stage. He however submits that
Respondent No. 1 has till date not filed the charge-sheet.
3. Mr. Sukanta Karmakar, learned APP for the State, does
not object to the request made by Mr. Devendra Patil, learned
Advocate for the Petitioner. He on instructions from the
Investigation Officer submits that the investigation is nearing
completion and the charge-sheet would be filed within a period of
four weeks from today.
4. In view of the request made by Mr. Devendra Patil,
learned Advocate for the Petitioner, leave granted to withdraw the
present Petition with liberty to file an Application seeking
discharge at the appropriate stage before the Trial Court. If such
Application is filed, the same be considered on its own merits and
in accordance with law.
5. Criminal Writ Petition No. 897 of 2026 is disposed of
as withdrawn.
(ASHWIN D. BHOBE, J.)
Gayatri shimpi 2
Checking your session…