CHANDAN SURAJ JAISWAR AND ANR vs THE STATE OF MAHARASHTRA AND ORS

Judgment text excerpt

25-WP-3280-2024.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.3280 OF 2024 Chandan Suraj Jaiswar & Anr. …Petitioners Versus The State of Maharashtra & Ors. …Respondents Mr. Mahesh Vaswani a/w. Ms. Shreya Tiwari, Ms. Aishwarya Kadam i/b. Ms. Lakshita Fatnani, for the Petitioners. Mr. S. H. Yadav, APP, for the Respondent No.1-State. Mr. Sachin Tambe, MIDC Police Station, Mumbai, present. CORAM: MADHAV J. JAMDAR, J. DATED : 30th JUNE 2025 JUDGMENT: 1. Heard Mr. Vaswani, learned Counsel appearing for the Petitioners and Mr. Yadav, learned APP appearing for the Respondent No.1-State. 2. This Writ Petition is filed by Chandan Suraj Jaiswar i.e. accused No.1 and Suraj Vishwanath Jaiswar i.e. father of the accused No.1. The challenge in this Writ Petition is to the order dated 31st August 2023 passed by the learned Additional Sessions Judge, City Civil & Sessions Court, Greater Mumbai below Exhibit- 121 in Sessions Case No.316 of 2014. By the impugned order, the Page 1 Sonali 25-WP-3280-2024.DOC said Application bearing Exhibit-121 has been rejected. The Petitioner No.1 - Accused No.1 has sought the following reliefs in said Application bearing Exhibit-121: “A) This Hon’ble Court be pleased to allow this application u/s. 319 of Criminal Procedure Code, 1973 and summon and try the PW1/Mrs. Karuna Jitendra Yadav and her husband PW2/Mr. Jitendra Ramkhilavan Yadav as accused in the above matter for the offence of extortion. B) This Hon’ble Court be pleased to issue directions under section 156(3) of Cr.P.C. to the Investigating Officer in the above case to investigate the role of the proposed accused PW-1/Complainant, Mrs. Karuna Jitendra Yadav, and Pw-2/Complainant’s husband, Mr. Jitendra Yadav, and to summon and verify the