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Bombay High Court

SONU RAM MAHESH YADAVversusTHE STATE OF MAHARASHTRA AND ANR

Decided
Disposal
Disposed Off

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The writ petition is withdrawn and disposed of, with no order on the merits.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leave to withdraw the writ petition with liberty to file a discharge application later, and disposed of the petition as withdrawn.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

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


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