Rupeshkumar Ramsajivanlal Soni v. State Of Maharashtra And ANR

34-WP.1839.2025.doc JVS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 1839 OF 2025 Rupeshkumar Ramsajivanlal Soni } Petitioner versus The State of Maharashtra & Anr.

} Respondents Mr. R. V. Gupta with Mr. Rohit Vaishya and Mr.Hasan Ansari, Advocates for the petitioner. Ms. G. P.Mulekar, APP for State.

Mr. Sharad Dhole, API, BKC Police Station present.

CORAM:

SHREE CHANDRASHEKHAR, CJ. & GAUTAM A. ANKHAD, J.

DATE:

10th SEPTEMBER 2025 P.C.:

The petitioner is aggrieved by the registration of the First Information Report vide C.R. No. 131 of 2025 at B.K.C. Police Station. He, therefore, challenges and seeks quashing of C.R. No.131 of 2025.

2.

During the pendency of this writ petition, a charge-sheet was filed by the police and the Court concerned took cognizance of the offences under section 316(5) and 318(4) of the Bhartiya Nyaya Sanhita, 2023.

3.

Under the Bombay High Court Appellate Side Rules, 1960, the matters on criminal side to be listed before the single Judge are provided under Rule 2(II) under Chapter I. Clause (h) of Rule 2(II) of Chapter I of the Bombay High Court Appellate Side Rules, 1960 provides that all the applications under section 482 of the Code of Criminal Procedure (now section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023) including the applications challenging an

34-WP.1839.2025.doc order for issuing process in a private complaint, except (i) applications seeking review, modification or setting aside of any order passed by a Division Bench; (ii) applications for quashing a FIR, CR, charge-sheet or order directing the investigation under section 156(3) of the Code of Criminal Procedure irrespective of whether such applications have been filed under section 482 simpliciter or read with Article 226 and/or 227 of the Constitution, shall be disposed of by the learned single Judge of this Court. 4.

Under the Sitting List published on 8th September 2025, the jurisdiction to deal with criminal writ petitions and criminal applications for quashing of FIR, CR, charge-Sheet and order challenging a direction to investigate under section 156(3) of the Code of Criminal Procedure, 1973/175(3) of Bhartiya Nagrik Suraksha Sanhita, 2023 is with a Division Bench of this Court. The learned Additional Public Prosecutor submits that in view of the intervening fact that cognizance of the offences has been taken by the Court concerned, such judicial order cannot be challenged in a petition under Article 226 of the Constitution of India. According to the learned Additional Public Prosecutor, the appropriate remedy for the petitioner is to challenge the order taking cognizance by filing a petition under section 528 of the Bharatiya Nagrik Suraksha Sanhita, 2023.

5.

The learned counsel for the petitioner seeks permission to withdraw this petition.

6.

Writ Petition No. 1839 of 2025 is disposed of with the JAYANT VISHWANATH SALUNKE aforesaid liberty to the petitioner.

JAYANT VISHWANATH SALUNKE Date: 2025.09.15 11:41:34 +0530 [GAUTAM A. ANKHAD, J.] [CHIEF JUSTICE]