Mansi Umang Madan v. Jagdish S Peswani And ANR

bipin prithiani 27-wp-3398.22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BIPIN DHARMENDER PRITHIANI DHARMENDER PRITHIANI Date: 2023.10.03 17:50:57 +0530 CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 3398 OF 2022 Mansi Umang Madan ...

Petitioner

Versus

Jagdish S. Peswani & Anr.

...

Respondents ****** Mr. Anoop Lahoti for the Petitioner.

Mr. Santosh Thakur for the Respondent No.1.

Ms. M. R. Tidke, APP for the Respondent No.2-State. ****** CORAM: R. N. LADDHA, J.

DATE : 3 OCTOBER 2023 P.C. :- .

Heard learned counsel for the parties.

2.

Perused the record. It appears from the affidavit in reply of respondent No.1 that the respondent No.1 has filed an application on 19 October 2022 before the trial Court for deletion of the name of the petitioner. However, the learned trial Court did not allow the application on the ground that the matter is stayed by the Hon'ble High Court. The learned counsel, on instructions, submitted that the respondent No.1, who is original complainant, undertakes to delete the name of the petitioner. 3.

At this stage, the learned counsel for the petitioner is seeking

bipin prithiani 27-wp-3398.22.doc for compensation, however, to that effect there is no prayer in the petition.

4.

They, however, agreed to quash the issue process order/ impugned order as the petitioner in this case at the relevant time was not the director of the accused company.

5.

In view of this, we quash and set aside the order of issue of process/impugned order dated 21 September 2021 in Private Complaint bearing SCC No. 6871 of 2021 passed by the learned Judicial Magistrate First Class, Thane, against the present petitioner/accused No.3 only.

R. N. LADDHA, J.