Smt. Pushpa W/O Sanjay Gupta And Another v. The State Of Maharashtra Through Pso Ranapratap Nagar Nagpur And Other

2026:BHC-NAG:867-DB 1 17-WP-758-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CRIMINAL WRIT PETITION NO. 758 OF 2024 SMT. PUSHPA W/O SANJAY GUPTA AND ANOTHER Vrs.

STATE OF MAHARASHTRA AND OTHERS -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Shri Anil Mardikar, Senior Counsel a/b Shri D. P. Singh, Advocate for petitioners.

Shri S. S. Doifode, A. P. P. for respondent Nos.1 and 2. Shri P. S. Tiwari, Advocate for respondent No.3. Shri R. R. Chhabra, Advocate for respondent No.4. Shri P. S. Tidke, Advocate for respondent Nos.5 to 11. CORAM: ANIL L. PANSARE AND NIVEDITA P. MEHTA, JJ.

DATE : 19/01/2026 1.

The prayer is to refrain the respondent Nos.1 and 2 - Authorities from registering FIR against the petitioners on the basis of complaint, if any, lodged by the respondent Nos.5 to 11 or their relatives, etc. and to comply the mandate of Section 35 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on registration of FIR, if any, to be lodged pursuant to such complaint. 2.

We find that the prayer is to follow law, which in our view, is not maintainable inasmuch as the respondents and all concerned are bound to follow law. 3.

The petition is accordingly, disposed of. Needless to say that the respondents are bound by the Judgment of the Hon'ble Supreme Court in Lalita Kumari Vrs. Got of U.P. and others, (2013) 14 SCR 713 and will

2 17-WP-758-2024.odt follow the provisions of law in case FIR is to be registered against the petitioners or any other person.

[JUDGE] [JUDGE] Choulwar Signed by: V.M. Choulwar (VMC) Designation: PS To Honourable Judge Date: 20/01/2026 17:02:22