Priyanka Vijay Gwalani D/O Hiranand Dulhaniand ORS v. Vijay Inderlal Gwalani And ANR

902. WP 2686-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANAND SUDHAKAR SUDAME WRIT PETITION NO. 2686 OF 2024 Mrs. Priyanka Vijay Gwalani & ors.

.Petitioners

Versus

by ANAND SUDHAKAR SUDAME Date: 2025.07.16 18:45:56 +0530 Vijay Inderlal Gwalani & anr.

.Respondents Mr. Shyam Dewani (Through VC) a/w. Mr. Dashang Doshi i/b. Dewani Associates, Advocates, for the Petitioners Mr. Ghanshyam Mishra a/w. Ms. Ekta Bhalerao, Advocates, for Respondent No. 1 Mr. H. J. Dedhia, APP, for Respondent No. 2 - State ______________________________________________________ CORAM : S. M. MODAK, J.

DATE : 16.07.2025 P. C.

1.

The matter was mentioned yesterday. That is how an urgent circulation is granted today.

2.

However, Mr. Dewani, learned Advocate for the Petitioners is held up before the Nagpur Bench.

3.

I heard Mr. Mishra, learned Advocate for Respondent No. 1. In fact, it will be pre-mature to entertain the Petition. It is for the reason that the Revisional Court has not allowed the Revision Application. It was remanded back to the trial Court for conducting an enquiry under Section 202 of the Code of Criminal Procedure, Anand

902. WP 2686-2024.doc 1973 (for short "Cr.P.C."). Yet enquiry is not conducted and further Order is not passed.

4.

At this stage, Mr. Dewani, learned Advocate for the Petitioners has joined on Video Conferencing. It is submitted that if the Complaint itself is not maintainable, there cannot be any enquiry under Section 202 of the Cr. P. C.. He wants to place reliance on some of the Judgments. Let its copies be supplied to other side. 5.

Stand over to 17.07.2025.

(S. M. MODAK, J.) Anand