Bhagyashree Sudhir Mathwale v. The State Of Maharashtra And Others

2026:BHC-AUG:7054-DB 1 46.Crl.WP.65.26.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 65 OF 2026 BHAGYASHREE SUDHIR MATHWALE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for the Petitioner : Mr. Gunale Vishwamber Digamberrao APP for Respondents: Mr. P.S. Patil ...

CORAM

: SANDIPKUMAR C. MORE & ABASAHEB D. SHINDE, JJ.

DATE : 16.02.2026 PER COURT:

Learned counsel for the petitioner submits that it is the contention of the petitioner that her abortion was forcefully carried out and a specific averment in respect of the same is also there in her complaint. However, the investigating machinery despite did not charge the accused persons with Section 89 of the Bhartiya Nyay Sanhita, 2023. However, the learned counsel for the petitioner, on instructions, seeks permission to withdraw the petition with liberty

2 46.Crl.WP.65.26.odt to avail the appropriate remedy under law at appropriate stage of trial. In view of the same, the petition stands disposed of with the liberty as aforesaid.

(ABASAHEB D. SHINDE, J.) (SANDIPKUMAR C. MORE, J.) habeeb/