MAHAVIR SINGH CHARAN AND ANR vs STATE OF MAHARASHTRA AND ANR

Judgment text excerpt

WP-1716-2025.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 1716 OF 2025 1. Mahavir Singh Charan, Male, Aged about 60 years, Occ: Retd., Residing at 217, Block 5, Rangoli Gardens, Panchyawala, Jaipur – 302034. 2. Garima Charan, Female, Aged about 55 years, Occ: Nil, Residing at 217, Block 5, Rangoli Gardens, Panchyawala, Jaipur – 302034 …Petitioners Versus. 1. The State of Maharashtra, Through Station House Officer, Santacruz Police Station, Linking Road, Santa Cruz West, Mumbai 2. Dimple Barhat @ Dimple Achlawat 73, Narendra Apartments, Near Rajesh Khanna Garden, Gazdhar Bandh, Santacruz (W), Mumbai - 400052 …Respondents Ms. Tasmiya Taleha, learned Advocate for the Petitioners. Mr. Rahul Aarote, learned Advocate for Respondent. Mr. Sukanta Karmakar, learned APP for the Respondent – State. Arjun 1 WP-1716-2025.doc CORAM : ASHWIN D. BHOBE, J. Date : 23rd March, 2026 JUDGMENT : 1. Heard Ms. Tasmiya Taleha, learned Advocate for the Petitioners, Mr. Sukanta Karmakar, learned APP for the Respondent – State and Mr. Rahul Aarote, learned Advocate for the Respondent No. 2. 2. By order dated 04.12.2025, this Court took the view that an arguable case was made out to impel the Court to entertain this Petition. 3. Though the Petitioners have raised several challenges regarding the proceedings arising from Criminal Case No. 06/SW/2022 for offences punishable under Sections 498A, 406, read with Section 34 of the Indian Penal Code, 1860, (hereafter “IPC”), pending before the file of the Metropolitan Magistrate, 71 st Court, Bandra, Mumbai, (hereafter “Magistrate”), Ms. Tasmiya Taleha, Mr. Sukanta Karmakar, learned APP, and Mr. Rahul Aarote have limited their arguments to contest the Order dated Arjun 2 WP-1716-2025.doc 19.04.2024 passed