Javier Sotomayor De Zavaleta And ORS v. State Of Maharashtra And ANR
by CHITRA SANJAY SONAWANE Date:
2025.01.24 18:20:36 +0530 CHITRA SANJAY SONAWANE Chitra Sonawane 907-wp-409-2025.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION Cri.Writ Petition No.409 of 2025 1.
Javier Sotomayor De Zavaleta An Adult, Age 53 years, Occ:Business Ex-Managing Director of Cinepolis India Pvt. Ltd.
Having address At Cinepolis, Ireo Grand View Towers, 14th floor, Golf Course Extension Road, Sector 58, Gurugram.
Miguel Mier Esparza An Adult, Age 52 years, Occ: Business, Director of Cinepolis India Pvt Ltd.
Having address at Cinepolis, Ireo Grand View Towers 14 floor, Golf Course Extension Road, Sector 58 Gurugram.
3.
Muricio Vaca Tavera An Adult, Age 54 years; Occ : Business Director of Cinepolis India Pvt Ltd having address at Cinepolis, Ireo Grand View Towers, 14th floor,Golf Course Extension Road, Sector 58, Gurugram.
4.
Rodrigo Eugenio Perez Morales An Adult, Age 50 years, Occ: Business, Director of Cinepolis India Pvt Ltd having address at Cinepolis, Ireo Grand View Towers, 14th floor, Golf Page No. 1 of 4
Chitra Sonawane 907-wp-409-2025.doc Course Extension Road, Sector 58, Gurugram.
5.
Jorge Pablo Aguilar Albo An Adult, Age 43 years; Occ : Business Director of Cinepolis India Pvt Ltd having address At Cinepolis, Ireo Grand View Towers 14th floor, Golf Course Extension Road, Sector 58, Gurugram.
6.
Arturo Lopez Martin An Adult, Age 52 years; Occ : Business Director of Cinepolis India Pvt Ltd having address at Cinepolis, Ireo Grand View Towers, 14th floor, Golf Course Extension Road, Sector 58, Gurugram .. Petitioners.
Versus
1.
The State of Maharashtra Through the office of the Public Prosecutor, Appellate Side, High Court, Bombay.
Office of Inspector of Legal Metrology Through Shri SA Joshi having office at Thane, 1st Division, Trunpushapa Society, Gr.Floor, Louiswadi, Wagle Estate, Thane (W)-400 604.
.. Respondents.
Page No. 2 of 4
Chitra Sonawane 907-wp-409-2025.doc Mr Pranav Badheka, Sr Advocate a/w Mr Aditya Mithe, Mr Sachin R Agawane, Mr Sarthak Rai for the petitioners. Dr Ashwini A Takalkar, APP for respondent/State. MR Gopichand B Pawar, Inspector of Legal Metrology, Thane, Division-I.
--- Coram : R.N.Laddha, J.
Date : 24 January 2025.
P.C. :
Heard Mr Pranav Badheka, the learned Senior Counsel appearing on behalf of the Petitioners and Dr Ashwini A Takalkar, the learned Additional Public Prosecutor representing the respondent/State.
By this Petition, the Petitioners seeks to challenge order dated 11 May 2023 ('the impugned order') passed by the Judicial Magistrate First Class, 2nd Court, Thane, in SCC No.9652 of 2021, whereby the learned Magistrate issued summons to the petitioners/accused. The order reads thus : "Issue summons to Accused."
3.
The learned Senior Counsel contends that the learned Magistrate without taking cognizance of the offence and without issuing process order passed the impugned order Page No. 3 of 4
Chitra Sonawane 907-wp-409-2025.doc and summoned the accused. The learned APP also concedes this position and submits to pass an appropriate order. 4.
In view of the above, the impugned order is quashed and set aside and the learned Magistrate is directed to proceed with the matter and pass a fresh order by adhering to the legal provisions. Accordingly, the petition stands disposed of.
5.
It goes without saying that, if necessary, the Petitioners are free to seek legal recourse for their grievances if the occasion so arises. It is made clear that this Court has not examined the merits of the case, and all contentions of all the parties are left open.
[ R. N. Laddha,J. ] Page No. 4 of 4