SUSHMA ANAND SHUKLA FOR SURAJ ANAND SHUKLA vs STATE OF MAHARASHTRA AND ANR

Judgment text excerpt

LSP 1 903 wp 3741.25 judgmt.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Criminal Writ Petition No. 3741 of 2025 Mrs.Sushma Anand Shukla For: Suraj Anand Shukla R/at: Gharonda Housing Society, Near Hanuman Mitra Mandal. Phulenagar, Vishrantwadi, Yerwada, Pune. … Petitioner. V/s. The State of Maharashtra Through Senior Police Inspector of Bundgarden Police Station. 2. Superintendent of Yerwada Central Prison … Respondents. Mr. Premkumar Mishra a/w. Mr. Advocate for the Petitioner. Kumar Subeshwar Mr. H.J. Dedhia APP for the State. Digitally signed by LATA CORAM : S.M. MODAK, J LATA SUNIL SUNIL PANJWANI PANJWANI Date: 2025.07.11 18:50:12 DATE : 10th July 2025. +0530 ORAL JUDGMENT: Heard learned Advocate for the Petitioner and learned APP. 2. Initially there was a prayer for declaring the arrest as illegal. Office was asked to verify the assignment. The Petitioner has deleted that prayer. So prayer which remains is to set aside the judgment LSP 2 903 wp 3741.25 judgmt.doc dated 7th July 2025. Hence, I entertain the petition. 3. There is one more reason for entertaining the petition as grievance is made about the power usurped by the learned Magistrate by imposing conviction under Section 385 of Bhartiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’). Generally, against the conviction the Appeal under Section 415 of BNSS is maintainable. On the basis of observations in case of Harish Arora and ors. v/s.Dy. Registrar of Co-operative Societies in Writ Petition No.3433/2025, I have entertained the petition by way of an exceptional circumstance. When there is violation of fundamental right, the writ petition can be entertained without relegating the party to avail of statutory remedies. 4. On hearing learned Advocate for the Petitioner, I am