Anuya Vinay Bahulekar v. The State Of Maharashtra And ANR
Digitally signed by TRUPTI SADANAND BAMNE Date:
2025.08.20 15:21:50 +0530 TRUPTI SADANAND BAMNE
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 5181 OF 2024 IN WRIT PETITION NO. 243 OF 2022 Smt.Anuya Vinay Bahulekar ... Applicant
IN THE MATTER BETWEEN
Rahul Shravankumar Bagaria ... Petitioner versus State of Maharashtra & Ors.
... Respondents WITH INTERIM APPLICATION NO. 4546 OF 2023 IN WRIT PETITION NO. 243 OF 2022 Rahul Shravankumar Bagaria ... Applicant versus State of Maharashtra & Ors.
... Respondents ...
Mr.Sahil Mahajan with Ms.Siddhi Patil for the Applicant in IA No. 5181 of 2024.
Mr.Siddharth Jha with Mr.Subhash Jha and Mr.Sumeet Upadhyay i/b. Law Global Advocates for the Applicant in IA No. 4546 of 2023. Mr.Y.Y.Dabake, APP for the Respondent -State. ...
CORAM
:
RAVINDRA V. GHUGE & GAUTAM A. ANKHAD, JJ.
DATE :
18th August, 2025 P.C.:- 1.
Heard the learned Advocates for the respective sides. 1/3
2.
Perused the order dated 26th April, 2023 passed in Criminal Writ Petition No. 243 of 2022. In the first paragraph of the order, the crime number is mentioned. There is no dispute that this order was passed strictly in relation to the said crime number.
3.
In the above backdrop, we have perused the operative part of the order, which reads as under:
"ORDER (I) Writ Petition is allowed in terms of prayer clause (a) which reads as follows:- "(a) that this Hon'ble Court may be pleased to call for the investigation papers concerning FIR No. I- 71/11 from Shivajinagar Police Station, Ambernath, Dist Thane and after examining the legality, validity and/or propriety of the said FIR being in vogue as well as Case No. 807 of 2013, pending in the court of the Ld. JFMC, Ulhasnagar after filing of the charge-sheet, may be pleased to quash and set aside the same."
(II) The Petitioner shall pay and deposit an amount of Rs.10,000/- in the account of Legal Services Authority, Thane within a period of four weeks from the date of order, failing which this order shall automatically stand cancelled and Petition shall be placed before the Court for further directions.
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(III) Judicial Magistrate First Class, Ulhasnagar, before whom criminal proceeding of Case No. 807 of 2013 is pending, shall direct to hand over cheque for Rs. 28,00,000/- each to Smt.Anuya Vinay Bahulekar and Shri Vaibhav Arvind Bahulekar and balance of the amount lying in the deposit with the Court shall be paid together with interest, if any, to the Petitioner, Rahul Shravankumar Bagaria within a reasonable period of time, not more than four weeks from the date of order.
(IV) Writ Petition is disposed of in the aforesaid terms."
4.
It is clear to us that the said order has been passed with reference to the crime number mentioned in paragraph 1 of this Court's order dated 26th April, 2023, and that the payment of the amount and the return of the remaining amount, are clearly set out in Clause No. III, reproduced hereinabove.
5.
In view of the above, both these Applications are disposed off with the observation that the learned Judicial Magistrate, First Class, Ulhasnagar shall ensure that its Registry complies with the said directions, within a period of 15 days from today.
(GAUTAM A. ANKHAD, J.) (RAVINDRA V. GHUGE, J.) 3/3