910 - CR WP - 752 - 2026.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 752 OF 2026 Tukaram Dhaku Bavdane Through the PoA Holder Dinesh Tukaram Bavdhane … Petitioner V/s. The State of Maharashtra & Ors. … Respondents Mr. Rakesh Bhatkar with Mr. Vaibhav Arage i/by Mr. Aarya V. Ambulkar for the Petitioner. Dr. A. A. Takalkar, APP for the State. Mr. Abhijeet A. Kadam for Respondent Nos.2 to 4. CORAM : ASHWIN D. BHOBE, J. DATED : SEPTEMBER 24, 2026 P.C.: 1. By this Petition, the Petitioner has sought for the following relief: “a) The impugned order is passed by the learned additional session judge, Ratnagiri, in Criminal Revision Application No. 27 of 2026. By confirming the order passed by the Ld. Sub-Divisional Magistrate in BNSS Case No. 12 of 2025, and considering the nature of the order, no other remedy is available to the petitioner; therefore, the petitioner is invoking the jurisdiction of this honourable court under Article 227 of the Constitution of India. b) The petitioner states that the impugned order was passed by the Ld. Additional Sessions Judge, Ratnagiri, and therefore this Hon’ble Court has the jurisdiction to try and entertain the present matter.” 2. On 22nd September 2026, the following order was passed: “1. At 10:30 a.m., Mr. Rakesh Bhatkar, learned Advocate for the Petitioner, made a request for taking up this Petition on an urgent basis. The urgency VRJ 1 VAIBHAV RAMESH JADHAV Digitally signed by VAIBHAV RAMESH JADHAV Date: 2026.09.24 17:52:47 +0530 910 - CR WP - 752 - 2026.docx expressed by Mr. Rakesh Bhatkar, learned Advocate for the Petitioner, was that the order passed by the Sub-Divisional Magistrate, Ratnagiri, under Section 152 of the BNSS, 2023, was scheduled to be executed/implemented at 11:30 a.m. On the request of Mr. Rakesh Bhatkar, learned Advocate for the Petitioner, and in view of the urgency expressed by Mr. Rakesh Bhatkar, this Petition was ordered to be taken up immediately after the mentioning was over. 2. The matter was taken up at the request of Mr. Rakesh Bhatkar, learned Advocate for the Petitioner. After having heard the matter for some time, Advocate Mr. Rakesh Bhatkar sought time to take instructions from the Petitioner and the matter was, at his request, deferred till post-lunch. 3. At 2:30 p.m., Mr. Aarya Ambulkar, learned Advocate for the Petitioner, appears and states that he could not take instructions from the Petitioner and, therefore, requests for listing of this Petition on 24th September 2026 for taking instructions. 4. List this Petition on 24th September 2026, under the caption “Part- heard”.” 3. Today, Mr. Rakesh Bhatkar, learned Advocate for the Petitioner, states that the Petitioner has instituted Regular Civil Suit No. 65 of 2026 before the Court of the Civil Judge, Junior Division, Deorukh, Ratnagiri, and the Civil Court, vide order dated 23rd September 2026, has passed interim orders in the said Regular Civil Suit No. 65 of 2026. Order dated 23rd September 2026 passed in Regular Civil Suit No. 65 of 2026 is taken on record and marked as ‘X’ for identification. 4. Mr. Rakesh Bhatkar, learned Advocate for the Petitioner, submits that as the parties to this Petition are before the Civil Court in R.C.S. No. 65 of 2026, this Petition be disposed of by leaving all the rights and contentions of the Petitioner open for consideration before the Civil Court. VRJ 2 910 - CR WP - 752 - 2026.docx 5. Mr. Abhijeet A. Kadam, learned Advocate for Respondent Nos. 2 to 4, states that he has taken note of the submissions made by Mr. Rakesh Bhatkar, learned Advocate for the Petitioner, and the interim injunction granted by the Civil Judge, Junior Division, Deorukh, Ratnagiri, in R.C.S. No. 65 of 2026. 6. Dr. A. A. Takalkar, learned APP for the State, submits that once the parties are before the Civil Court, the Civil Court would be adjudicating the rival claims of the parties and this Petition does not survive. Dr. A. A. Takalkar, learned APP relies on the decision of the Hon’ble Supreme Court in the case of Mohd. Abid & Ors. v. Ravi Naresh & Ors., passed in Special Leave to Appeal (Crl.) No(s). 5444 of 2022, dated 1st November 2022. 7. In view of the statements made by Mr. Rakesh Bhatkar, learned Advocate for the Petitioner, and Dr. A. A. Takalkar, learned APP, leave is granted to withdraw this Petition. 8. Criminal Writ Petition No. 752 of 2026 is disposed of as withdrawn. 9. All the contentions of the parties are left open for consideration in Regular Civil Suit No. 65 of 2026. (ASHWIN D. BHOBE, J.) VRJ 3