Abhishek Kiritkumar Gandhi v. State Of Maharashtra And ANR

PDP 51-Cri.WP-4342-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 4342 OF 2025 WITH INTERIM APPLICATION NO. 4556 OF 2024 Abhishek Kiritkumar Gandhi & Anr.

.. Petitioners

Versus

State of Maharashtra & Anr.

.. Respondents ...

Mr. K. K. Gandhi, Advocate for the Petitioners. Mr. J. P. Yagnik, Additional Public Prosecutor for Respondent No.1State. Mr. Saurabh Raut, Advocate for Respondent No.2. ...

CORAM : SHREE CHANDRASHEKHAR, CJ & GAUTAM A. ANKHAD, J.

DATE : 19th NOVEMBER 2025.

P.C. :

One of the prayers in this writ petition is relating to the order dated 2nd January 2024 issuing processes to the accused-petitioners in Regular Criminal Case No.115 of 2023. The learned counsel for the petitioners refers to the judgment in Criminal Appeal No. 283 of 2023 and submits that the Court of Additional Sessions Judge at Nashik has recorded a finding that there was no incident of domestic violence. The learned counsel for the petitioners has raised manifold grounds to challenge the registration of the First Information Report against the petitioners for the offence under sections 498-A, 182 and 211 of the Indian Penal Code.

PDP 51-Cri.WP-4342-2025.doc 2.

However, having regard to Rule 2(II)(h) under Chapter-I of the Bombay High Court Appellate Side Rules, 1960 and the subject allocation, this petition cannot be entertained and the same is disposed of with liberty to the petitioners to file appropriate proceedings before the appropriate Court including a liberty to challenge the order issuing processes against the petitioners within a period of two weeks and till then the interim order dated 3rd April 2025 shall operate in their favour.

3.

Writ Petition No. 4342 of 2024 is disposed of accordingly. 4.

Interim Application No. 4556 of 2024 also stands disposed of. [GAUTAM A. ANKHAD, J.] [CHIEF JUSTICE] by PRAVIN DASHARATH PANDIT Date:

2025.11.19 18:15:25 +0530 PRAVIN DASHARATH PANDIT