Bombay High Court
ZAIBUNNISHA BADSHAH SHAIKH AND ORSversusR. M. SOMWANSHI AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The Court allowed the petition to be withdrawn with liberty to approach the State Police Complaints Authority and imposed a cost of Rs. 50,000 on the petitioners.
Summary
Petitioners Zaibunnisha Badshah Shaikh & Anr. sought relief from the High Court but the Court was not inclined to grant any. They requested permission to withdraw the writ petition and to approach the State Police Complaints Authority under Section 22P of the Maharashtra Police Act, subject to the limitation law. The Court granted the leave to withdraw, but imposed a cost of Rs. 50,000 on the petitioners for wasting judicial time, directing payment to the Bar Council of Maharashtra and Goa’s Advocate Academy. The cost was to be paid within two weeks as specified. Upon payment of the cost, the petition was formally withdrawn and disposed of.
Issues considered
- Whether the petitioners may be permitted to withdraw the writ petition with liberty to approach the State Police Complaints Authority under Section 22P of the Maharashtra Police Act.
- Whether the Court can impose a cost on petitioners for causing unnecessary delay and wasting judicial time.
Legislation cited
- Maharashtra Police Act — s. 22P
Subjects
- withdrawal of petition
- cost of litigation
- State Police Complaints Authority
- Section 22P
- Maharashtra Police Act
- judicial time waste
Judgment
DTG 116-Wp-952-2020.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO. 952 OF 2020
Zaibunnisha Badshah Shaikh & Anr. … Petitioners
V/s.
R. M. Somwanshi & Ors. … Respondents
_______________________________________
Mr. Mayuresh Modgi for Petitioners.
Mr. Ashish I. Satpute, A.P.P. for Respondent-State.
_______________________________________
CORAM : A. S. GADKARI AND
KAMAL KHATA, JJ.
DATE : 31st July 2026
P.C. :
1) After hearing the learned Advocate for Petitioners, when this
Court was not inclined to grant any relief, he on instructions seeks leave to
withdraw Petition with liberty to approach the State Police Complaints
Authority, under Section 22P of the Maharashtra Police Act, subject to law of
limitation.
1.1) Leave and liberty granted.
2) However, for wasting the precious judicial time of this Court, we
impose a cost of Rs. 50,000/- upon the Petitioners. The said cost to be paid
to the Bar Council of Maharashtra and Goa’s Advocate Academy and
Research Center, within a period of two weeks from the date of uploading of
1/2
DTG 116-Wp-952-2020.doc
the present Order on the official website of the High Court of Bombay.
2.1) Details of the bank Account for payment of cost are as under:-
Account Name :- BCMG’S Advocate Academy & Research
Center
Account Number :- 000120110001327
Bank Name :- Bank of India
Branch Name :- Mumbai Main
IFSC Code :- BKID0000001
Type of Account :- Current A/c
3) Subject to payment of aforesaid cost within stipulated period as
noted above, Petitioners are permitted to withdraw Petition with aforesaid
liberty.
4) Petition is disposed off as withdrawn with aforesaid directions
and liberty.
( KAMAL KHATA, J. ) ( A.S. GADKARI, J. )
Digitally signed by
DNYANESHWAR
DNYANESHWAR TULSHIRAM
TULSHIRAM GHUMNAR
GHUMNAR
Date: 2026.08.06
18:27:26 +0530
2/2
Checking your session…