Anand Kataria v. Gajanan Kaluram Patil And ORS

901. WP 712-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ANAND SUDHAKAR SUDAME CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 712 OF 2025 Anand Kataria .Petitioner by ANAND SUDHAKAR SUDAME Date:

2025.07.29 19:59:21 +0530

Versus

Gajanan Kaluram Patil & ors.

.Respondents Mr. Karansingh Rajput a/w. Mr. Pratik Surti i/b. Mr. Vivek Kakade, Advocates, for the Petitioner Ms. Sangita Phad, APP, for Respondent No. 41 - State Mr. Anand Bagade, API, EOW, Mumbai present ______________________________________________________ CORAM : S. M. MODAK, J.

DATE : 24.07.2025 P. C.

1.

Heard Mr. Rajput, learned Advocate for the Petitioner and Ms. Phad, learned APP for Respondent No. 41 - State. 2.

There is a challenge to the Order dated 21.11.2024 passed by learned JMFC, 53rd Court, Mulund, Mumbai. The Petitioner has prayed for investigation under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short "BNSS"). However, it was rejected instead of that learned Magistrate directed the Complainant to give the statement under Section 200 of the Code of Criminal Procedure, 1973.

Anand

901. WP 712-2025.doc 3.

The Petitioner wants to plead certain facts which will justify his prayer for an investigation under Section 175(3) of the BNSS. Inadvertently, those facts are not pleaded in the present Petition. 4.

Hence, the Petitioner wants to withdraw this Petition with liberty to file a fresh Petition containing those facts also. The Petition stands disposed of. Liberty is granted to file a fresh Petition involving those facts.

(S. M. MODAK, J.) Anand