Alok Agrawal And ANR v. The State Of Maharashtra And ANR

21-apl-1475-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1475 OF 2024 1.

Alok Agrawal 2.

M/s. Karma Yoga Vedanta Private Limited ...Applicants V/s.

1.

State of Maharashtra 2.

Viraj Kulkarni

...Respondents.

..............

Mr. Chandan Yadav a/w. Ms Sandhya Yadav for the Applicants. Mr. S.V. Walve, APP for the Respondent/State. ..............

CORAM

:

N.R. BORKAR, J.

DATE :

06.04.2026.

P.C. :

1.

This application under Section 482 of Code of Criminal Procedure is filed against the judgment and order dated 1st April 2024 passed by the Additional Sessions Judge, Thane, in Criminal Revision Application No.15 of 2023. By the order impugned, the learned revisional Court has allowed the revision filed by respondent No.2 herein and quashed the order of the learned Magistrate dated 16th May 2019 in Criminal Complaint No.719 of 2019, by which the process was issued against the respondent No.2 for the offences punishable under Sections 499 and 500 of the Indian Penal Code (IPC) in a complaint case filed by the present applicants.

2.

Apart from respondent No.2 as there were other accused against whom also process was issued, the complaint was proceeding against them. However, during the pendency of the present application, by order dated 6th October 2025 the learned Dinesh S. Sherla 1/2

21-apl-1475-24.odt Magistrate has dismissed the complaint for want of prosecution. This Court by order dated 2nd April 2026 in Criminal Application for Leave to Appeal (St) No.819 of 2026 filed by the applicants declined to interfere with the order dated 6th October 2025 passed by the learned Magistrate.

3.

Learned counsel for the applicants submits that the applicants are in the process of challenging the order passed by this Court dated 2nd April 2026 and the present application be kept pending.

4.

However, considering the overall facts and circumstances, the following order is passed.

O R D E R

A] The present Application is disposed of. However, liberty is granted to the applicants to file the application for restoration of the present application in case the order passed by the learned Magistrate dated 6th October 2025 and the order passed by this Court dated 2nd April 2026 are set aside and the complaint is restored to file. [N.R.BORKAR, J.] Dinesh S. Sherla 2/2