State Of Maharashtra v. Vishesh R. Agarwal And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 462 OF 2024 IN CRIMINAL APPLICATION NO. 885 OF 2016 The State of Maharashtra ...Applicant

Versus

Vishesh R. Agarwal And Anr.

...Respondents

__________ Mr. Niranjan Mundargi a/w Mr. Vikram R. Sutaria & Ms. Keral Mehta, learned Advocates for the original Applicants. Mr. Tanveer G. Khan, learned A.P.P. for the State/Applicant. Ms. Neha Ramesh Kokare i/b Mrs. Savita Ashok Prabhune, learned Advocate for the original Respondent No. 2.

PI Mr. Santosh Tasgaonkar attached to EOW, Pune Rural is present in the Court.

__________ CORAM :

ASHWIN D. BHOBE, J.

DATE :

20th JANUARY 2026.

P.C. :

1.

Heard Mr. Niranjan Mundargi, learned Advocate for the original Applicants, Mr. Tanveer Khan, learned A.P.P. for the State/Applicant and Ms. Neha Kokare, learned Advocate for the original Respondent No. 2.

2.

By the present Interim Application, State/Applicant has sought for the following substantive reliefs :- "(a) this Hon'ble Court be pleased to grant leave for filing charge sheet in the offence bearing C.R. No. 321 of 2016 registered under sections 420 and 406 of IPC in Baramati City Police Station against Vishes Rajendra Agarwal - accused, in

the Learned Judicial Magistrate First Class, Baramati, Pune. (b) Pending the hearing and final disposal of the present Interim Application, this Hon'ble Court be pleased to grant leave for filing charge sheet in the offence bearing C.R. No. 321 of 2016 registered under sections 420 and 406 of IPC in Baramati City Police Station against Vishes Rajendra Agarwal i.e. the Respondent No. 1 herein, in the Learned Judicial Magistrate First Class, Baramati, Pune."

3.

By order dated 12.01.2026, this Court had made the following order :- "1.

Mr. Rishabh Singh, learned Advocate for the Applicant in Criminal Application No. 885 of 2016 submits that the copy of the Interim Application filed by the Respondent State is not furnished to him. Mr. Tanveer Khan, learned APP submits that the Application would be furnished to the Applicant within two days.

2.

Ms. Neha Ramesh Kokare, learned Advocate for Respondent No. 2 submits that the Criminal Application No. 885 of 2016 is pending from the year 2016 and the Applicant is protected by way of an Interim Order.

3.

At the specific request of Mr. Rishabh Singh, learned Advocate for the Applicant and by consent of parties, list this Application and Criminal Application No. 885 of 2016 matter on 20th January, 2026 for disposal."

4.

Mr. Tanveer Khan, learned A.P.P. for the State/Applicant submits that the investigation is complete and the charge-sheet is ready for presenting before the Court.

5.

After having heard the present Interim Application, Mr. Niranjan Mundargi and Ms. Neha Kokare, learned Advocates consented for granting of leave to the prosecution to file charge-

sheet before the Court.

6.

In view of the consent given by Mr. Niranjan Mundargi, learned Advocate for the original Applicants and Ms. Neha Kokare, learned Advocate for the original Respondent No. 2, leave is granted to the State/Applicant to file charge-sheet before the Court having jurisdiction within a period of 1 week from today. 7.

Mr. Niranjan Mundargi, learned Advocate submits that leave be granted to amend the Criminal Application to raise the additional grounds for quashing of the criminal proceedings, as also to place the charge-sheet on record.

8.

Request made by Mr. Niranjan Mundargi, learned Advocate is not objected by the learned Advocates for original Respondents. 9.

In view of the above, leave is granted to amend the Criminal Application and tender the charge-sheet on record. 10.

Today, Mr. Tanveer Khan, learned A.P.P. for the State/Applicant on instructions from the Investigating Officer, who is present in the Court, submits that copy of the charge-sheet would be furnished on the Respondents within a period of 10 days from today. Amendment to be carried out within a period of 7 days thereafter and the amended copy to be furnished to the learned Advocates for original Respondents.

11.

In the result, Interim Application No. 462 of 2024 is disposed of.

12.

By consent of the parties, list Criminal Application No. 885 of 2016 for hearing on 11.02.2026.

13.

In the meantime, the proceedings before learned Trial Court not to proceed against the original Applicants, except for accepting the charge-sheet on record.

[ASHWIN D. BHOBE, J.] GITALAXMI KRISHNA KOTAWADEKAR GITALAXMI KRISHNA KOTAWADEKAR Date: 2026.01.22 19:28:01 +0530