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Bombay High Court

HASEEN HASAN NIZAMI @ HASEEN HAJI MASTAN D/O HAJI MASTAN MIRZAversusSTATE OF MAHARASHTRA AND ORS.

Decided
Disposal
Disposed Off

Holding

The petition was withdrawn and disposed of, with the Court directing the petitioner to file a criminal revision application before the Sessions Court.

Summary

The petitioner, Haseen Hasan Nizami, filed a writ petition seeking a writ of certiorari to quash an order dated 19 December 2023 passed by the Metropolitan Magistrate, alleging violations of Articles 14 and 21 of the Constitution. The State contended that the order was merely revisable and could be challenged by a revision application before the Sessions Court. The petitioner's counsel requested leave to withdraw the writ petition and instead file an application under Section 438 of the Bharatiya Nagarik Suraksha Sanhita, 2023, before the Sessions Court. The Court, after noting the request and the lack of objection from the State, granted leave to withdraw the petition and directed the petitioner to pursue a criminal revision. Consequently, the writ petition was disposed of as withdrawn, with no merits adjudicated.

Issues considered

  • Whether the order of the Metropolitan Magistrate is amenable to writ jurisdiction under Articles 14 and 21.
  • Whether the petitioner may be permitted to withdraw the writ petition and file a criminal revision application under Section 438 of the BNSS before the Sessions Court.

Legislation cited

Subjects

  • writ petition
  • criminal revision
  • Section 438
  • BNSS
  • Articles 14
  • Article 21
  • withdrawal of petition

Judgment

                                                                                                      18-WP-908-2026.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. 908 OF 2026

                              Haseen Hasan Nizami @ Haseen
                              Haji Mastan D/O Haji Mastan
                              Mirza                                       … Petitioner
                                    V/s.
                              The State of Maharashtra & Ors.             … Respondents
                                                              ---
                              Mr. Ashish Verma a/w Mr. Aditya Parmar & Mr. Apali K., Advocates
                              for Petitioner.
                              Ms. Pallavi Dabholkar, APP for Respondent - State.
                                                              ---
                                                           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 prayer clause (a):-

                                                 “a. That this Hon'ble Court be pleased to issue a writ of
                                                 Certiorari or any other appropriate writ, order or direction,
                                                 and quash and set aside the impugned order dated
                                                 19.12.2023 passed by the Learned Metropolitan
                                                 Magistrate, 10th Court, Andheri, Mumbai in Regular
                                                 Criminal Case No. 410/SW/2013, being illegal, arbitrary
                                                 and violative of Articles 14 and 21 of the Constitution of
                                                 India;”



                              2.               Ms. Pallavi Dabholkar, learned APP for the State

                              submits that the impugned order dated 19th December, 2023 is a

                              revisable order against which a Revision Application would be

                              Gayatri shimpi                          1
                                                              18-WP-908-2026.doc



tenable before the Sessions Court at the first instance. Faced with

the said objection Mr. Ashish Verma, learned Advocate for the

Petitioner appearing through V. C., craves leave to withdraw the

present Petition with liberty to file an Application under Section

438 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short

‘BNSS’) before the Sessions Court. Request is not objected to by

Ms. Pallavi Dabholkar, learned APP for the State.



3.               In view of the statement made by Mr. Ashish Verma,

learned Advocate for the Petitioner, leave granted to withdraw the

present Petition with liberty to file a Criminal Revision Application

before the Sessions Court having jurisdiction.



4.               All the contentions of the parties are left open.


5.               Criminal Writ Petition No. 908 of 2026 is disposed of

as withdrawn.



                                             (ASHWIN D. BHOBE, J.)




Gayatri shimpi                      2


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