Priyanka Subhash Singh v. State Of Maharashtra And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.3085 OF 2025 Priyanka Subhash Singh

...Petitioner

Versus

State of Maharashtra & Ors

...Respondents

_______________________________________________________________ Ms. Beerta H. Bajwa, for the Petitioner.

Mr. Ashok Mishra a/w Kinjal Mehta, Jilesh Sanghvi, Dhara Chauhan, Shreyas Mhapankar, Prapti Patil i/b M/s. Solicis Lex, for the Respondent Nos.4 and 5.

Ms. P. P. Bhosale, APP for the Respondent-State. _______________________________________________________________ CORAM: MADHAV J. JAMDAR, J.

DATED: 16th JUNE 2025 P.C.:

1.

Heard Ms. Bajwa, learned Counsel appearing for the Petitioner, Mr. Mishra, learned Counsel appearing for the Respondent Nos.4 and 5 and Ms. Bhosale, learned APP for the Respondent-State. 2.

At the outset, Ms. Bajwa, learned Counsel appearing for the Petitioner states that in the prayer clause (A) and in the body of the Petition Criminal Revision Application No.170 of 2023 is wrongly mentioned as Criminal Appeal No.170 of 2023. Accordingly, leave is granted. Amendment be carried out forthwith. Re-verification is dispensed with.

3.

The Petitioner is seeking very limited relief in terms of prayer clause (A) which reads as under:- "A.

That this Hon'ble Court be pleased to exercise its Page No. 1

Inherent powers u/s 482 Cr.P.C and direct the Hon'ble Sessions Court, Belapur to expedite the hearing of Criminal Revision Application No.170/2023 and the same be decided on merits within a period of two weeks from the date of the order of this Hon'ble Court or as this Hon'ble Court may deem fit and proper." 4.

Ms. Bajwa, learned Counsel appearing for the Petitioner submits that the sureties have filed bogus documents and bogus and fake sureties were filed. She submits that therefore Application under Section 340 r/w Section 195 of IPC has been filed before the learned JMFC, Vashi, at Belapur and Investigating Officer submitted report dated 26th February, 2021, observing that documents filed before the Court were bogus and no such person by the name of Respondent No.2 & 3 resided at the same address.

5.

Ms. Bajwa, learned Counsel submitted that by order dated 8th April, 2021 learned JMFC, Vashi at Belapur directed to register an FIR against the sureties i.e. Respondent Nos. 2 and 3 and not the original accused i.e. Respondent Nos.4 & 5 and therefore, the said order was challenged on 10th December, 2021 before the learned District and Sessions Court at Thane, vide Criminal Miscellaneous Application No.492 of 2022. The said matter was transferred to the Court of District and Sessions Court at Belapur and on 16th June, 2023 renumbered as Criminal Revision Application No.170 of 2023. She submitted that Page No. 2

thereafter the said Criminal Revision Application is listed before the learned District and Sessions Court, on many dates however has not been taken for hearing. She submits that as the allegations are serious namely the original accused i.e. Respondent Nos. 4 and 5 have given bogus sureties, the said Criminal Revision Application No.170 of 2023 is required to be heard, expeditiously.

6.

Accordingly, in the facts and circumstances of this case the learned District and Sessions Court at Belapur is requested to decide the said Criminal Revision Application No.170 of 2023 expeditiously on or before, 31st December 2025.

7.

The Writ Petition is disposed of in above terms. 8.

It is clarified that this Court has not considered the merits and all contentions on merits are expressly kept open. [MADHAV J. JAMDAR, J.] Page No. 3