Bombay High Court

SHAMBHU NATH SINGHversusTHE STATE OF GOA THR THE PUBLIC PROSECUTOR AND ANR.,

Disposal: Withdrawn

Holding

The petition is disposed of as withdrawn with liberty to press the pending application.

Summary

The petitioner, Shambhu Nath Singh, filed Criminal Writ Petition No. 413 of 2026 in the High Court of Bombay at Goa seeking permission to withdraw the petition. He requested liberty to pursue a pending application or file a fresh application for compliance of an order dated 5 April 2024 passed in SCORS No. 35 of 2021 before the Sessions Court, South Goa. The learned counsel for the petitioner, Mr. Rohan Desai and Mr. Bhargav Samant, argued for this withdrawal. The Court examined whether a writ petition could be withdrawn while preserving the right to seek compliance of the earlier order. The Court allowed the withdrawal, disposing of the writ petition as withdrawn and granting the petitioner liberty to press the pending application before the Sessions Court. The judgment directed the Sessions Court to consider and decide the petitioner’s application expeditiously.

Issues considered

Whether the petitioner may withdraw the criminal writ petition and be granted liberty to file a fresh application for compliance of the earlier order

Subjects

withdrawal of writ petition
criminal procedure
compliance of order
high court jurisdiction
procedural liberty

Judgment

                                                           1 WPCR 413 2026

                              Andreza

                                        IN THE HIGH COURT OF BOMBAY AT GOA
                                         CRIMINAL WRIT PETITION NO.413 OF 2026

                        SHAMBHU NATH SINGH                                      ... PETITIONER
                          Versus
                        THE STATE OF GOA THR THE PUBLIC
                        PROSECUTOR AND ANR.,                                    ... RESPONDENTS


                        Mr. Rohan Desai, Advocate with Mr. Bhargav Samant, Advocate
                        for Petitioner.
                        Mr. S. G. Bhobe, Public Prosecutor for Respondents-State.


                                               CORAM:- S. G. CHAPALGAONKAR, J.
                                               DATED :- 8th October, 2026

                        P.C.
                        1.         Learned Counsel appearing for Petitioner, after arguing for
                        some time, seeks permission to withdraw Criminal Writ Petition
                        with liberty to press pending application or make fresh appropriate
                        application/representation for getting compliance of Order dated
                        05.04.2024 passed in SCORS No. 35 of 2021 before Sessions
                        Court, South Goa at Margao.
                        2.        Criminal Writ Petition stands disposed of as withdrawn with
                        liberty as prayed for.          The learned Sessions Court shall
                        expeditiously consider and decide Petitioner's application, if so
                        pressed.



                                                                  S. G. CHAPALGAONKAR, J.
Signed by: ANDREZA PEREIRA
Designation: Senior Private Secretary
                                                              Page 1 of 1
to the Hon'ble Judge
Date: 09/10/2026 11:21:11                                   8th October, 2026

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