Order on Board

Per Ramesh Sinha, C.J.

1. Heard Mr. Tarendra Kumar Jha, learned Senior Advocate along with Mr. Rohan Kumbhare, learned counsel for the petitioner as well as Mr. Priyank Rathi, learned Govt. Advocate for the respondents/State.

2. The present writ petition has been filed by the petitioner, seeking a direction to the respondent authorities not to arrest her husband, Avinash Ashtikar, in any other case after his release on bail in Crime No. 140/2026 registered at Police Station Kumhari, District Durg, without following due process of law and the safeguards relating to communication of grounds of arrest.

3. The petitioner has filed the present petition seeking for the following reliefs:

“10.1 That, if Avinash Ashtikar comes out of jail after furnishing bail granted by 9th Additional Session Judge Durg in Crime No. 140/2026 u/s 25 of Arms Act, the police will not arrest him without approval from any gazette police officer or the jurisdictional Judicial Magistrate First Class, in the interest of justice.

10.2 That, if Avinash Ashtikar comes out of jail after furnishing bail in above case the police will scruplessly follow the communication regarding the grounds of arrest as propounded by the Hon'ble SC rendered in case of Mihir Rajesh Shah Vs. State of Maharashtra & Ors. (AIR 2025 SC 5554).”

4. Learned counsel for the petitioner, after arguing the matter for some time, seeks permission to withdraw the present petition.

5. Learned State counsel has no objection to the prayer made by learned counsel for the petitioner and submits that the petition may be dismissed as withdrawn.

6. Considering the submissions made by learned counsel for the parties and the prayer made on behalf of the petitioner, the petitioner is permitted to withdraw the present petition.

7. Accordingly, the writ petition is dismissed as withdrawn.