M/S BOB CAPITAL MARKETS LTD (THROUGH AJIT JOSHI) vs THE STATE OF MAHARASHTRA

Judgment text excerpt

07-APL-409-2025.doc Arjun IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.409 OF 2025 Digitally signed by ARJUN VITTHAL M/s. Bob Capital Markets Ltd. …Applicant ARJUN VITTHAL KUDHEKAR KUDHEKAR Date: (Through, Authorized Representative, Mr. Ajit Joshi) 2025.06.21 20:44:21 +0530 Versus The State of Maharashtra & Anr. …Respondents _______________________________________________________________ Ms. Priti Rita a/w Dr. Samarth Shrikant Karmarkar i/b Karmarkar & Associates, for the Applicant. Ms. P. P. Bhosale, APP, for the Respondent No1-State. Mr. P. P. Chavan, for the Respondent No.2-BMC. _______________________________________________________________ CORAM: MADHAV J. JAMDAR, J. DATED: 17 JUNE 2025 JUDGMENT.: 1. Heard Ms. Priti Rita, learned Counsel for the Applicant, Ms. Bhosale, learned APP for the Respondent No.1-State and Mr. Chavan, learned Counsel for the Respondent No.2-BMC. 2. The Applicant by way of this Criminal Application filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS”) has inter alia challenged the Order dated 23rd September 2024 passed by the learned JMFC, 39th Court, Vile Parle, Mumbai below Exhibit-1 in C.C. No. 4894/SS/2024 (“said Complaint”) issuing process under Section 394 punishable under Section 471 of the Mumbai Municipal Corporation Act, 1888 (“MMC Act”). 3. The said Complaint has been filed by the Municipal Corporation 1 07-APL-409-2025.doc of Greater Mumbai (MCGM) under Section 394(1)(e)(i) r/w Section 471 of the MMC Act. Section 394(1)(e)(i) of MMC Act reads as under :- “394. Certain articles [or animals] not to be kept, and certain trades, processes and operations not to be carried on, without a licence; and things liable to be seized, destroyed, etc., to prevent da