Vital Mafatlal Patel And ORS v. State Of Maharashtra And ANR

501-3560-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.3560 OF 2025 Vittal Mafatlal Patel and Ors.

... Petitioners V/s.

State of Maharashtra and Anr.

... Respondents ____________________________________ Mr. Hare Krishna Mishra, Advocate for the Petitioner. Ms. Pallavi Dabholkar, APP for the Respondent-State. ____________________________________ SHARADA RANGNATH WAHULE

CORAM

: ASHWIN D. BHOBE, J.

SHARADA RANGNATH WAHULE Date: 2026.03.31 16:56:59 +0530 DATED : 30th MARCH 2026 P.C.:

1.

Mr. Hare Krishna Mishra, learned Advocate for the Petitioner, Ms. Pallavi Dabholkar, learned APP for the Respondent-State. 2.

By the present petition, the Petitioner has sought the following substantive relief, in prayer clause (b) which read as under:- "b) This Hon'ble Court be pleased to grant a writ of certiorari or a writ in the nature of certiorari or any other appropriate writ, order or direction by exercising its inherent power as provided under Article 226 r/w section 482 of the code of criminal procedure to quash and set aside the impugned order dated 18.02.2025 passed below on Exhibit-1 in C.C. No.6082/SC/2024 by Learned Metropolitan Magistrate 6th court, Mazgaon, Mumbai wherein the learned magistrate directed the order of issue process against the present petitioners;"

Sharada

501-3560-2025.doc 3.

Ms. Dabholkar, learned APP for the State, raises an objection to the maintainability of this petition on the ground that the impugned order dated 18th February, 2025, which is an order issuing process, is a revisable order against which a Criminal Revision Application would be maintainable.

4.

Faced with the said objection, Mr. Mishra, learned Advocate for the Petitioner, crave leave to withdraw the present application, with liberty to file a Criminal Revision Application before the Sessions Court having jurisdiction.

5.

Ms. Dabholkar, does not object to the said request. In view of the above, leave granted to withdraw the present application with liberty as prayed.

6.

The Writ Petition No.3560 of 2025 disposed of as withdrawn. ( ASHWIN D. BHOBE, J.) Sharada