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

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. 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 th