Nabendu Bhattacharya And ANR v. Alhad Jayant Mahajani And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 4795 OF 2024

1. Nabendu Bhattacharya ) Age : 48, Residing at Plot no. 42A, ) RH No.4, Koparkhairane, ) Sector 8, Navi Mumbai, ) Maharashtra 400 709 ) )

2. Jatinder Kumar Jindal ) Age : 46 years, Occupation: job, ) Residing at : 505-605, ) Thakkar Palace, Jankalyan Nagar, ) Malad West, Mumbai 400 095 )

...Petitioners

V/s.

1. Alhad Jayant Mahajani ) Age 52 years, Occupation : Service, ) Office at Zuventus House, ) Plot Y2, Near Nahur Railway Station, ) Nahur west, Mumbai 400078 ) AND ) Shreepal 69, Cross road no. 2, ) Ashok Nagar, Kandivali East ) Mumbai 400 101 ) )

2. The State of Maharashtra ) (Through Bhandup Police Station) ) Lbs Marg, Bhandup West ) Mumbai 400078 ) ...Respondents 1/3

----- Mr. Harshman Chavan for the Petitioners.

Mr. Kunal J. Motwani a/w Mr. Paresh Chandiramani i/b Mr. Ashwin Duggal & Associates for the Respondent No.1 Mr. Alhad Mahajani, Respondent No.-1-in-person, present. Mrs. P. P. Shinde, Addl. P. P. for Respondent No.2-State. Mr. Ramesh D. Andhar, API, I.O., Bhandup Police Station, Mumbai.

----- CORAM :

REVATI MOHITE DERE & SANDESH D. PATIL, JJ.

DATE : 4 th DECEMBER, 2025.

P. C. :

1.

By this Petition, the Petitioners seek quashing of the F.I.R., bearing C. R. No. 229 of 2023, registered with the Bhandup Police Station, Mumbai, for the alleged offences punishable under Sections 385, 389, 500, 506(2) and 507 of Indian Penal Code.

2.

Mrs. P. P. Shinde, learned Addl. P. P. on instructions 2/3

submits that chargesheet is ready to be filed and that the same will be filed within 10 days from today. Statement accepted. 3.

In view of the statement made by learned Addl. P. P, learned Counsel for the Petitioners does not press this Petition and seeks leave to withdraw the Petition with liberty to file a fresh Petition seeking to challenge not only the F.I.R. but also the chargesheet and cognizance, if any, taken.

4.

In view of above, the Petition is accordingly disposed of as withdrawn with liberty as prayed for.

5.

We make it clear that, we have not gone into the merits of the Petiton and as such keep all contentions of all the parties on merits open.

(SANDESH D. PATIL, J.) (REVATI MOHITE DERE, J.) 3/3