Indu Lala Madanmohan Ray v. State Of Maharashtra And ANR

5-WP-3017-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.3017 OF 2025 Indu Lala Madanmohan Ray @ Indu Mohanlal Bhattee

...Petitioner

Versus

The State of Maharashtra & Anr.

...Respondents

.................................................................................. Mr. Ishan Jani, for the Petitioner.

Mr. Nitin B. Patil, APP for the Respondents.

................................................................................... CORAM : MANJUSHA DESHPANDE, J.

DATE : 18th JUNE, 2025 P. C.

:- 1.

The Petitioner is challenging the order dated 08.08.2024 passed by the Metropolitan Magistrate at 17th Court, Borivali, Mumbai.

2.

The impugned order is passed on the application at Exhibit 23, wherein a prayer is made that the Respondents be directed to file the Bank Statement to ascertain their financial capacity.

3.

Issue notice to the Respondents, returnable on 16.07.2025.

KARTIKEYA

5-WP-3017-2025.odt 4.

Mr. Patil, learned APP waives service of notice on behalf of Respondent No.1.

5.

In addition to the Court notice, the Petitioner is at liberty to serve Respondent No.2 by a permissible private mode and file an affidavit of service before the returnable date. 6.

It is submitted by the learned Counsel for the Petitioner that during the pendency of proceedings before the Sessions Court, there was an interim relief operating in his favour, which was granted by the Court during the pendency of the Appeal. Hence, he is seeking continuation of the interim relief. The Criminal Appeal filed by the Petitioner has been dismissed on 29.04.2025.

7.

Considering that there was already an interim relief in terms of stay to the execution of the impugned order, the interim relief in terms of prayer clause (b) shall continue to operate till the returnable date.

[ MANJUSHA DESHPANDE, J.] KARTIKEYA