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Bombay High CourtWP/6721/2024disposed off

Ketan Kantilal Seth v. State Of Maharashtra

2025-07-18Hon'Ble Shri Justice S. M. Modak2 pages

901-WP-6721-2024 (Operative Part-1).doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.6721 OF 2024 by SATISH RAMCHANDRA SANGAR Date:

2025.07.23 12:17:51 +0530 SATISH RAMCHANDRA SANGAR Ketan Kantilal Seth Age : 62 Years, Indian Inhabitant, Residing at : B 702, Subnam Building, New India Insurance Colony, Juhu Lane, Andheri (West), Mumbai : 400 058.

...Petitioner

Versus

The State of Maharashtra Through Economic Offences Wing, Mumbai.

...Respondent

***** Mr.Siddharth Jagushte:- Advocate for Petitioner.

Mr.H.J.Dedhia:- APP for Respondent - State.

Mr.Rupesh Darekar : API:- Banking-1, Unit 9-Economic Offences Wing, Mumbai.

*****

CORAM

:

S. M. MODAK, J.

DATE :

18th JULY 2025 1.

For the reasons recorded separately which are under typing, following order is passed:-

O R D E R

(i) The Petition is allowed.

(ii) The order dated 16th October 2024 passed by the Additional Chief Judicial Magistrate, 47th Court, Esplanade, Mumbai is Satish Sangar 1/2

901-WP-6721-2024 (Operative Part-1).doc set aside.

(iii) The Investigating Officer - PW No.9 - Prabhakar Loke is recalled for the purpose of cross-examination by the Accused No.1 only on two grounds:- (a) Cross-examine in respect of the letter below Exhibit-142 and (b) to cross-examine Mr.Loke in respect of the Bank statement produced by the Bank official PW No.10.

(iv) The Petitioner should pay cost of Rs.25,000/- (Rupees Twenty Five Thousand) to the District Legal Services Authority, Mazgaon Office, Mumbai within a period of 2 weeks and to produce a receipt before the trial Magistrate and then only cross-examination will be allowed. 2.

In view of the above, the Petition stands disposed of. [S. M. MODAK, J.] Satish Sangar 2/2