Shardul Bholenath Patil v. State Of Maharashtra

Gitalaxmi 35-WP-96-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 96 OF 2025 Mr. Shardul Bholenath Patil

...Petitioner

Versus

The State of Maharashtra

...Respondent

__________ Ms. Deepti B. Mistry, learned Advocate for the Petitioner. Mrs. Poonam P. Bhosale, learned A.P.P. for the State/Respondent. PSI Mr. Achyut Mupade attached to Dombivali Police Station is present in the Court.

__________ CORAM :

ASHWIN D. BHOBE, J.

DATE :

26th MARCH 2026.

P.C. :

1.

Heard Ms. Deepti Mistry, learned Advocate for the Petitioner and Mrs. Poonam Bhosale, learned A.P.P. for the State/Respondent. 2.

By the present Petition, the Petitioner has sought for the following substantive relief in terms of prayer clause 17(a) :- "(a) That the FIR bearing no. 440/2024 registered with Dombivili Police Station filed against the applicant be quashed."

3.

Ms. Deepti Mistry, learned Advocate for the Petitioner submits that the FIR does not name the Petitioner. She however submits that the Petitioner has an apprehension of being named in the charge-sheet, arising out of the said FIR.

Gitalaxmi 35-WP-96-2025.doc 4.

Mrs. Poonam Bhosale, learned A.P.P. for the State/Respondent on instructions submits that till date charge-sheet is not filed. 5.

In view of the statement made by Mrs. Poonam Bhosale, learned A.P.P. for the State/Respondent, Ms. Deepti Mistry, learned Advocate for the Petitioner submits that in the event the Petitioner is named in the charge-sheet and the Court takes cognizance of the charge-sheet, leave be granted to the Petitioner to file a composite Petition to challenge the impugned FIR, charge-sheet and the order taking cognizance. She on instructions from the Petitioner seeks leave to withdraw the present Petition with liberty as prayed for. 6.

Mrs. Poonam Bhosale, learned A.P.P. for the State/Respondent submits that she has No Objection for the request as made by Ms. Deepti Mistry, learned Advocate for the Petitioner. 7.

In view of the statement made by Ms. Deepti Mistry, learned Advocate for the Petitioner, in the event the Petitioner is named in the charge-sheet and the competent Court takes cognizance of the charge-sheet, liberty granted to the Petitioner to file appropriate proceedings as available in terms of law challenging the FIR, charge-sheet and the order taking cognizance. 8.

Criminal Writ Petition No. 96 of 2025 is disposed of as withdrawn.

9.

All contentions of the parties are kept open. [ASHWIN D. BHOBE, J.] by GITALAXMI KRISHNA KOTAWADEKAR Date:

2026.03.27 20:12:04 +0530 GITALAXMI KRISHNA KOTAWADEKAR