Somnath Laxman Bengude v. The State Of Maharashtra And ANR

BDP 2 crwp-3904-25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.3904 OF 2025 Mr. Somnath Laxman Bengude .... Petitioner.

V/s State of Maharashtra and Anr.

.... Respondents.

Mr. Balasaheb Deshmukh, advocate for the petitioner. Mrs. M.M. Deshmukh I/C P.P. with Mr. K.V. Saste, Addl. P.P. for the respondent no.1-State of Maharashtra.

CORAM : SHREE CHANDRASHEKHAR, CJ & GAUTAM A. ANKHAD, J.

DATE : 8th DECEMBER 2025.

P.C. :

The petitioner prays for the following reliefs:- "a) Be pleased to call for record and proceeding of Crime Registered No.789 of 2024 registered by the Respondent No.1 for offence punishable under Sections 376, 376C, 377 of Indian Penal Code dated 4th October, 2024 and after going to the legality validity and propriety of the impugned FIR and charge sheet, be pleased to quash and set aside the said CR No.789 of 2024 dated 4th October, 2024 and Charge sheet filed by the Respondents for the reasons and circumstances mentioned herein above.

b) During the pendency and final disposal of the above referred Writ Petition, be pleased to grant stay to the further proceeding arising out of the C.R. No.789 of 2024 registered by the Respondent No.1 for offence punishable under Sections 376, 376C, 377 of Indian Penal Code for the reasons and circumstances mentioned herein above.

c) Be pleased to direct the Respondent herein to consider the seniority from the date of the Advertisement dated 18th May, 2017 bearing advertisement No.39 of 2017 for the reasons and circumstances mentioned herein above.

d) Ad-interim in terms of prayer clause (c) above. e) Any other and further reliefs may be granted in favour of the petitioner by this Hon'ble Court for the reasons and circumstances mentioned herein above."

BDP 2 crwp-3904-25.doc 2.

Mr K.V. Saste, the learned Additional Public Prosecutor states that cognizance of the offence has been taken by the Court concerned.

3. In view thereof and considering Rule 2(II)(h) under Chapter I of the Bombay High Court Appellate Side Rules, 1960, the learned counsel for the petitioner seeks permission to withdraw the writ petition with liberty to file fresh petition/application, if so advised.

4. Writ Petition No.3904 of 2025 is dismissed as withdrawn with the aforesaid liberty. All contentions are kept open. [GAUTAM A. ANKHAD, J.] [CHIEF JUSTICE] BHARAT DASHARATH PANDIT by BHARAT DASHARATH PANDIT Date: 2025.12.11 16:14:37 +0530