Ammishi Saarthak Kothari And ANR v. State Of Maharashtra And ANR

bipin/ssm 34-wp-1411.25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1411 OF 2025 Ammishi Saarthak Kothari & Anr.

... Petitioners V/s.

State of Maharashtra & Anr.

... Respondents ______________________ Mr. Anshul Kochar and Mr. Manas Gawankar i/by V.J. Juris Advocates for Petitioners.

Mr. Ashish I. Satpute, A.P.P. for Respondent No.1-State. Ms. Nikita Kaur h/f Mr. Pravin Desai for Respondent No.2. ______________________ CORAM : A. S. GADKARI AND RAJESH S. PATIL, JJ.

DATE : 25th JULY 2025 P.C.:- 1) Heard Advocate Mr. Kochar, for the Petitioners and perused record.

2) After hearing Advocate Mr. Kochar and perusing record, we expressed our opinion that, a prima facie case is made out and we are not inclined to entertain the Petition. However Advocate Mr. Kochar, continued with his arguments, rather tirade with objectionable facial expressions. His facial expressions and conduct was clearly contemptuous and it amounts to undermining the authority of this Court. It was prima facie bordering the criminal contempt of Court.

2.1) This Court therefore cautioned Advocate Mr. Kochar about issuing a Notice for criminal contempt of Court. 1/2

bipin/ssm 34-wp-1411.25.doc 2.2) We thereafter requested learned senior Advocate(s) present in Court to apprise Advocate Mr. Kochar about the consequences of issuance of such a Notice. At the request of Advocate Mr. Kochar, the Petition was kept back.

3) In the second session Advocate Mr. M. N. Gawankar, appeared and tendered appology on behalf of Advocate Mr. Kochar, for his aforenoted conduct in Court and expressed remorse on behalf of Advocate Mr. Kochar for his objectionable and derogatory conduct in the morning session and tendered apology on behalf of the said Advocate. He requested this Court not to take any action against Advocate Mr. Kochar. Mr. Gawankar, learned Advocate makes a statement that he has counselled Advocate Mr. Kochar and assures on his behalf that, he will not repeat the said conduct in any Court.

3.1) We accept apology tendered by Advocate Gawankar on behalf of Advocate Mr. Kochar.

4) In view of the statement made by Mr. Gawankar, we deem it appropriate to put a quietus to the issue of conduct of Advocate Mr. Kochar in the morning session.

5) At the request of Advocate Mr. Gawankar stand over to 8th August 2025.

6) To be listed under the caption 'for directions'. (RAJESH S. PATIL, J.) (A.S. GADKARI, J.) by SANJIV SHARNAPPA MASHALKAR Date: 2025.07.28 19:39:00 +0530 2/2 SANJIV SHARNAPPA MASHALKAR