Nikunj Shah v. State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.851 OF 2025 IN CRIMINAL WRIT PETITION NO.1125 OF 2023 SATISH RAMCHANDRA SANGAR Nikunj Shah ...Applicant In the matter between:- SATISH RAMCHANDRA SANGAR Date: 2025.05.06 10:51:02 +0530 Nijay Mehta and Ors.

...Petitioners

Versus

The State of Maharashtra and Anr.

...Respondents

***** Ms.Gargi Warunjikar - Advocate for Applicant. Mr.Y.M.Nakhwa - APP for Respondent No.1-State. Mr.Samay Pawar - Advocate for Respondent No.2. Mr.S.Sawant - Police Inspector - EOW Pimpari Chinchwad. ***** CORAM : SARANG V. KOTWAL & S.M.MODAK, JJ.

DATE : 2nd MAY 2025 P.C. :

1.

This Interim Application is filed in the Criminal Writ Petition No.1125 of 2023. The Petition was filed originally filed by four Petitioners. The Applicant in this Interim Application is the Petitioner No.2 in the main Petition. 2.

Learned counsel for the Applicant states that the

Applicant's case is materially different from the other Petitioners' case, and therefore, he wants to pursue his remedies separately on separate grounds. She seeks permission to withdraw the Petition only on behalf of the original Petitioner No.2, with liberty to file a separate fresh Petition only on his behalf.

3.

We have heard learned APP Shri.Nakhwa and Shri.Pawar who appears for the original Respondent No.2. 4.

Considering the limited prayer made by the learned counsel for the present Applicant, the Application can be allowed in the interest of justice, so that, the Applicant can pursue his remedy independent of the other Petitioners. Hence, the following order:-

O R D E R

(i) Permission is granted to the present Applicant to withdraw his name from the cause title of Criminal Writ Petition No.1125 of 2023. The said Writ Petition shall now be decided only in respect of the original Petitioner Nos.1, 3 and 4.

(ii) The present Applicant is at liberty to prefer a separate Writ Petition on separate grounds in the subject matter of the original Criminal Writ Petition No.1125 of 2023.

5.

With these observations, and liberty, the Application is disposed of.

(S.M.MODAK, J.) (SARANG V. KOTWAL, J.)