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Bombay High CourtWP/560/2026disposed off

Jeetendra Krishna Varma v. State Of Maharashtra

2026-02-12Hon'Ble Shri Justice Ashwin D. Bhobe4 pages

Digitally signed by LAXMIKANT GOPAL CHANDAN Date:

2026.02.16 20:30:20 +0530 LAXMIKANT GOPAL CHANDAN lgc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.560 OF 2026 Jeetendra Krishna Varma : Petitioner.

Versus

The State of Maharashtra and anr.

: Respondents.

______________________________________________________ Mr. Kripashankar N Pandey for the Petitioner. Mr. Sukanta A Karmarkar, APP for the Respondent/State Ms. Priya Aabad Ponda for Respondent No.2.

WPSI Chavan, Cuffe Parad Police Station present. ______________________________________________________ CORAM : ASHWIN D. BHOBE, J.

DATED : 12 FEBRUARY 2026 PC:- 1.

Heard, Mr. Kripashankar Pandey for the Petitioner, Mr. Sukanta Karmarkar, learned APP for the Respondent/State and Ms. Priya Ponda for Respondent No.2.

2.

This matter was extensively heard on 10th February 2026, and the following order was made :- "1. Mr. Kripashankar Pandey, learned Advocate for the Petitioner, has argued and completed his arguments. Mr. S. A. Karmakar, learned APP for the Respondent-State has canvassed and completed his arguments.

2. Ms. Priya Ponda, learned Advocate for the Respondent

has canvassed and completed her arguments. However, she requests for placing on record the various orders passed by the Court from time to time as a result of which the present proceedings are being delayed which according to Ms. Ponda are for the reasons solely attributable to the Petitioner.

3. At the request of Ms. Ponda, list this Writ Petition on 12th February, 2026 for tendering the said documents. 3.

Today, when the matter was called, Mr. Kripashankar Pandey, learned Advocate for the Petitioner, stated that the Petitioner (Jeetendra Krishna Varma) is present in Court. Mr. Kripashankar Pandey tenders an Affidavit of the Petitioner, affirmed by the Petitioner on 12 February 2026, before the Notary T.S.N.H Zaidi, Fort, Mumbai. The said Affidavit is taken on record and marked "X" for identification. The Affidavit (X) reads as follows:- "I, Jeetendra Krishna Verma, age: 61 years, presently residing at 21, Shrinagar Society, Vijalpur, Navsari, Gujarat 396 445, the Petitioner abovenamed do hereby state on solemn affirmation as under:

1. I seek leave of the Hon'ble Court to withdraw the captioned Writ Petition unconditionally.

2. I further state that I will not re-agitate any of the issues between I and Respondents which have otherwise been settled all the way till the Hon'ble Supreme Court of India.

3. I further undertake not to seek unnecessary adjournments before the Ld. Trial Court conducting C.C. No.656/PW/2020."

4.

Ms. Priya Ponda, learned Advocate for Respondent No.2,

states that the conduct of the Petitioner of filing proceedings after proceedings, re-agitating the issues which have been concluded by the Courts by judicial orders, making allegations on the Judicial Officers of the Trial Court being biased, seeking adjournments on other grounds by filing application/s, which according to Ms. Ponda, are frivolous like the Petition, has caused severe distress to the Respondent No.2 who is a citizen of Czech Republic. Ms. Priya Ponda is at pains to submit that the Petition before this Court is full of suppression. She points out that the issues raised in this Petition have attained finality up to the Supreme Court. She submits that the Petitioner has conveniently avoided placing the Memo of Special Leave Appeal (Criminal) No.

10788 of 2023 on record of this petition, which would have disclosed that the grounds that are now sought to be re-agitated have attained finality. She, therefore, submits that though the Petitioner has filed the Affidavit seeking unconditional withdrawal, the Petitioner should be saddled with not only compensatory but exemplary costs for filing such a frivolous petition. Mr Sukanta Karmarkar, learned APP for the Respondent/State, has voiced a grievance similar to Ms. Ponda.

5.

This Petition was heard substantially on 10 February 2026, however, the Petitioner having filed the Affidavit ("X"), with a further assurance from Mr. Kripashankar Pandey, on instructions from the Petitioner, who is present in Court, that

the Petitioner will not delay the disposal of the criminal proceedings bearing No.656/PW/2020, and that he would cooperate with the Trial Court in the early disposal of the proceedings, that leave is granted to the Petitioner to unconditionally withdraw this Writ Petition. Though Ms. Priya Ponda and Ms. Sukanta Karmarkar are justified in their submission, however, by affording an opportunity to the Petitioner to abide by his statement and assurances given today, that I refrain from imposing costs.

6.

All statements made by Petitioner and Mr. Kripashankar Pandey are accepted.

7.

Writ Petition No. 560 of 2026 is dismissed as withdrawn.

(ASHWIN D. BHOBE, J.)