NARENDRA RAMKRISHAN BARDE vs THE STATE OF MAHARASHTRA AND ANR.

Judgment text excerpt

902 (1)-WP-2433-2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.2433 OF 2006 Narendra Ramkrishan Barde ] Age : 43 years, ] Assistant Commissioner of ] Municipal Corporation of Greater ] Mumbai, P/South Ward, having ] SHARADA RANGNATH WAHULE Office at Mithanagar Municipal ] Digitally signed by SHARADA RANGNATH WAHULE Date: 2026.04.06 21:55:21 +0530 School Building, Mithanagar, ] Goregaon (West), Mumbai and ] Residing at Building No.4, 403, ] Wimbledon Park, Polharan Rd.No.1 ] Thane (West). ] ... Petitioner Versus. 1. The State of Maharashtra ] (At the instance of Anti-Corruption ] Bureau, Mumbai) ] Cell, Mumbai ] 2. Shri. Arun Ramavatar Pathak ] Age : 32 years, ] Occupation : Business ] Residing at 8605, Dahisar ] Ankit, CHS Co-op Housing ] Society, S.V. Road, ] Dahisar (E), Mumbai 400068. ] … Respondents 1 Sharada 902 (1)-WP-2433-2026.doc ------ Mr. Shirish Gupte, Senior Advocate, Mr. Vivesh V. Purwant, Mr. Suraj V. Gudkari, Advocates for the Petitioner. Mr. Diwakar Dwivedi, Advocate for Respondent No.2. Ms. Pallavi N. Dabholkar, APP for Respondent No.1-State. ------- CORAM : ASHWIN D. BHOBE, J. DATED : 27th MARCH 2026 ORAL JUDGMENT :- 1. Heard Mr. Shirish Gupte learned Senior Advocate for the Petitioner, Mr. Diwakar Dwivedi learned Advocate for Respondent No. 2 and Ms. Pallavi Dabholkar, learned APP for Respondent No. 1-State. 2. By this Petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (hereafter “Cr.P.C.”), the Petitioner assails the order dated 11th May 2005 ( hereafter “impugned order”) passed by the Special Judge, Sessions Court for Greater Mumbai (hereafter ‘Sessions Court’) in Private Complaint No.75 of 2005, by which the Sessions Court allowed