RAGHAV RAJESH AGGARWAL vs STATE OF MAHARASHTRA AND ANR

Judgment text excerpt

Arjun 901-WP-6486-2025.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 6486 OF 2025 Raghav Rajesh Aggarwal, Age : 28 years, Occ. : Business, R/at : House No. 149-C, Bhai Randhir Singh Nagar, Saraba Nagar, Ludhiana, Punjab-141012. ...Petitioner Versus 1. The State of Maharashtra (Through Khar Police Station, Mumbai) 2. XYZ (Complainant) Through Khar Police Station, Mumbai. ...Respondents --- Mr. Faiz Merchant a/w Mr. Faisal Shaikh, Ms. Uma Nemlekar, Mr. Bhavesh Ameta, Mr. Omkar Shah & Ms. Jenifer Solomon, learned Advocates for the Petitioner. Mr. Sukanta Karmakar, learned A.P.P. for the State/Respondent. Mr. Ali Kaashif Khan Deshmukh a/w Mr. Mohammad Farid, learned Advocate for Respondent No. 2. PSI Mr. Paresh Gargade (Pairavi Officer) attached to Versova Police Station, Mumbai is present in the Court. --- CORAM : ASHWIN D. BHOBE, J. DATE : 18th FEBRUARY 2026. JUDGEMENT : 1. Heard Mr. Faiz Merchant, learned Advocate for the Petitioner, Mr. Sukanta Karmakar, learned A.P.P. for the State/Respondent and Mr. Ali Kaashif Khan, learned Advocate for Respondent No. 2. Page 1 of 11 Arjun 901-WP-6486-2025.docx 2. By this Petition, filed under Article 226 of the Constitution of India and Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS”), the Petitioner seeks to quash the FIR bearing No. 791 of 2024, registered by the Khar Police Station, Mumbai (“Impugned FIR”), as well as the charge sheet arising from the impugned FIR. The sections referred to in the charge sheet are Sections 69, 79, 351(2), and 352 of the Bhartiya Nyaya Sanhita, 2023 (the “BNS”), along with Sections 376(2)(n) & 377 of the Indian Penal Code, 1860 (“IPC”), and Sections 66(E) and 67(A) of the Information Technology Act, 2000. 3. The undispu