Bombay High Court

ANTONIO SEBASTIAO ROSARIO SILVAversusSTATE, GOVERNMENT OF GOA, THR. ITS SECRETARY, LAW DEPT.

Disposal: Withdrawn
Bench: SUMAN SHYAM AMIT S JAMSANDEKAR

Holding

The Court held that it may allow the withdrawal of a criminal writ petition and grant the petitioner liberty to file a fresh petition.

Summary

Antonio Sebastião Rosario Silva filed Criminal Writ Petition No.32 of 2025 before the High Court of Bombay at Goa challenging actions of the State Government of Goa. While appearing personally, he later instructed his Legal Aid counsel, Mr. Varun Bhandanker, to seek leave of the Court to withdraw the petition and obtain liberty to file a fresh petition after correcting any defects. The respondent, represented by Additional Public Prosecutor Mr. Somnath Karpe, did not oppose the withdrawal. The Court examined whether it could permit the withdrawal and grant the liberty sought. Finding no objection and noting the procedural propriety of the request, the Court allowed the withdrawal and ordered the petition to stand disposed, with liberty to file a fresh petition. Consequently, any pending criminal miscellaneous application was also disposed.

Issues considered

Whether the High Court may permit a petitioner to withdraw a criminal writ petition and grant liberty to file a fresh petition after rectifying defects

Subjects

writ petition
withdrawal
legal aid
High Court
criminal procedure
petition disposal

Judgment

2026:BHC-GOA:13-DB
                                             WPCR 32 of 2025

                Esha

                         IN THE HIGH COURT OF BOMBAY AT GOA
                            CRIMINAL WRIT PETITION NO.32 OF 2025
                                           WITH
                          CRIMINAL MISC. APPLICATION NO.135 OF 2025
                       CRIMINAL WRIT PETITION NO.32 OF 2025
           ANTONIO SEBASTIAO ROSARIO SILVA          ... PETITIONER
              Versus
           STATE, GOVERNMENT OF GOA, THR.
           ITS SECRETARY, LAW DEPT.                 ... RESPONDENT
                                      WITH
                     CRIMINAL MISC. APPLICATION NO.135 OF 2025
           ANTONIO SEBASTIAO ROSARIO SILVA          ... APPLICANT
              Versus
           STATE GOVERNMENT OF GOA THROUGH
           THE SECRETARY LAW DEPARTMENT AND
           6 OTHERS                                               ... RESPONDENT
           Mr. Varun Bhandanker, Advocate under Legal Aid Scheme for the
           Petitioner.

           Mr. Somnath Karpe, Additional Public Prosecutor for the
           Respondent.

                                  CORAM:- SUMAN SHYAM &
                                          AMIT S. JAMSANDEKAR, JJ.
                                  DATED :- 8th January, 2026

           P.C:
           1.      Mr. Bhandanker, learned Legal Aid Counsel, under instructions
           from the Petitioner, who is personally present in the Court, seeks leave
           of this Court to withdraw the Writ Petition with liberty to file a fresh
           Petition after rectifying the defects therein.
                       The prayer is not opposed by Mr. Karpe, learned Additional
           Public Prosecutor appearing for the State.

                                                Page 1 of 2
                                              8th January, 2026
                                                          WPCR 32 of 2025




                        2.        The Petition, therefore, stands disposed of on withdrawal, with
                        liberty as prayed for. Pending Application, if any, also stands disposed
                        of.



                         AMIT S. JAMSANDEKAR, J.                            SUMAN SHYAM, J.




Signed by: ESHA SAINATH
VAIGANKAR
                                                              Page 2 of 2
Designation: Personal Assistant
Date: 08/01/2026 14:40:11                                   8th January, 2026

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