Subhash S/O Mahesh Sharma And ORS v. State Of Maharashtra

923-WP-3407-2024(M).doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO.3407 OF 2024 Subhash S/o. Mahesh Sharma

...Petitioner

Versus

State of Maharashtra Through Public Prosecutor & Anr.

...Respondents

WITH CRIMINAL WRIT PETITION NO.1078 OF 2025 Subhash S/o. Mahesh Sharma & Ors.

...Petitioners

Versus

State of Maharashtra & Anr.

...Respondents

_______________________________________________________________ Mr. A. M. Saraogi, for the Petitioner.

Mr. Manoj Jaiswal a/w Mr. Vaibhav Choudhary a/w Mr. Vedant Gurav, for the Respondent No.2 in WP/3407/2024.

Mr. A. R. Metkari, APP for the Respondent - State. _______________________________________________________________ CORAM: MADHAV J. JAMDAR, J.

DATED: 2nd APRIL 2025 P.C.:

CRIMINAL WRIT PETITION NO.1078 OF 2025 1.

At the outset learned Counsel appearing for the Respondent No.2 raises objection to the maintainability of the Writ Petition on the ground of availability of the alternate proceedings. 2.

In view of the said objection Mr. Saraogi, learned Counsel appearing for the Petitioner seeks withdrawal of the Criminal Writ Petition No.1078 of 2025 with liberty to adopt appropriate alternate proceedings.

3.

Accordingly, the Criminal Writ Petition is allowed to be Vaibhav Page No. 1

923-WP-3407-2024(M).doc withdrawn and disposed of as such. The Petitioner is granted leave to adopt appropriate alternate proceedings.

4.

It is clarified that this Court has not considered the merits and all contentions on merits are expressly kept open. CIVIL WRIT PETITION NO.3407 OF 2024 5.

Stand over to 9th April 2025. To be shown in 'Supplementary Board'.

6.

Ad-interim relief to continue till next date. [MADHAV J. JAMDAR, J.] Note: This order is corrected as per order dated 13th June 2025. Vaibhav Page No. 2