A.B.C vs STATE OF MAHARASHTRA AND ORS

Judgment text excerpt

901-WPL-21496-24(F11).DOCX Amol IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION (ST) NO. 21496 OF 2024 Mr A.B.C. …Petitioner Versus 1. State of Maharashtra 2. Sr Inspector of Police, Kapurbawadi Police Station, Thane, in FIR No.709/2024. 3. Miss. X.Y.Z. …Respondents ______________________________________________________ Mr Manoj Mohite, Senior Advocate with Mr. Ayush Pasbola AMOL with Ms. Sakshi Agarwal and Ms. Mrunal Bhide i/b Mr. PREMNATH Bipin J. Joshi, for Petitioner. JADHAV Ms Mankunwar M. Deshmukh, Additional P.P. for State- Digitally signed by AMOL PREMNATH Respondent. JADHAV Date: 2025.02.28 Mr Aadesh V. Konde Deshmukh with Shri. Hrishikesh Avhad 15:06:01 +0530 with Shri. Nagesh Khedkar with Shri Yogesh Sukale, for Respondent No. 3. Ms Chitra Chaudhary, API, Kapurbawadi Police Station, Thane, Present in Court. ______________________________________________________ CORAM: M.S. Sonak & Jitendra Jain, JJ. RESERVED ON: 25 February 2025 PRONOUNCED ON 28 February 2025 JUDGEMENT: - Per MS Sonak, J 1. Heard learned Counsel for the parties. Page 1 of 35 901-WPL-21496-24(F11).DOCX 2. Rule. The rule is made returnable immediately at the request of and with the consent of the learned Counsel for the parties. 3. This matter was allotted to this Bench by the Hon’ble the Chief Justice vide order dated 12 February 2025. Upon being apprised of this order on 21 February 2025, the matter was directed to be placed for hearing on 24 February 2025 at 2.30 pm. Arguments were heard on 24 and 25 February 2025, and upon conclusion, the matter was reserved for judgment and orders. 4. By instituting this Petition under Article 226 of the Constitution read with Section 482 of the Code of Criminal Procedure (CrPC), 1973, the Petitioner challenges the F