Ravibhushan Kumar Prasad v. State Of Maharashtra And ANR

Digitally signed by GAURI AMIT GAEKWAD Date:

2025.07.25 11:28:30 +0530 GAURI AMIT GAEKWAD

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.3479 OF 2025 Ravibhushan Kumar Prasad ....Petitioner

Versus

The State of Maharashtra and Ors.

....Respondents ---- Mr. Samir A. Vaidya a/w. Mr. Aditya R. Parmar and Ms. Zainab Khan for the Petitioner.

Mr. Ravibhushan Kumar Prasad, Petitioner present in person. Mr. A.A. Naik, APP for the State.

---- CORAM : RAVINDRA V. GHUGE & GAUTAM A. ANKHAD, JJ.

DATE : 24th JULY, 2025 P.C. :- 1.

The Petitioner was declined the requisite certificate by the Committee of the Registrar to appear in person. Yet, on 22nd July, 2025, we heard him by allowing him to address us personally in the peculiar circumstances, without concluding whether he is competent to address the Court in this matter.

2.

After hearing him for some time, we realized that, being a person not acquainted with law, he was unable to convey his grievances effectively. Therefore, we requested Mr. Samir Vaidya,

learned Advocate, to assist the Petitioner by treating this case as a pro-bono assignment. Mr. Vaidya graciously acceded to our request. 3.

Today, Mr. Vaidya narrated the entire facts of the Petitioner's case. It appears that the builder is offering the flat to the Petitioner, though there are several issues which need to be settled in order to formalize the transaction in respect of the said flat. The Petitioner is also before the RERA Appellate Tribunal. The Petitioner has also moved the Magistrate at Belapur by preferring a proceeding, viz., Other Misc. Criminal Application No.260 of 2025, praying for an order to register an FIR against the builder/developer. 4.

The Petitioner is present in the Court and the learned Advocate Mr. Vaidya has addressed us in due consultation with the Petitioner.

5.

In view of the above and by the consent of the Petitioner, this Petition is disposed off, with the following directions :

(a) In the event the Petitioner desires to take possession of the flat, without prejudice to his rights and contentions, as also those of the

builder/developer, as well as the pending proceedings, he would be at liberty to accept the flat;

(b) With regard to the Appellate Tribunal Appeal No.AT006000000325333 pending before the RERA Appellate Tribunal, we request the Appellate Tribunal to grant precedence to this case and deal with the said Appeal, as expeditiously as possible and preferably within a period of three months;

(c) With regard to the pending proceedings in Other Misc. Criminal Application No.260 of 2025, we request the learned Magistrate to issue an order, directing the Police Officer from the Vashi Police Station, where the Petitioner has lodged a complaint dated 20th August, 2024, to investigate and submit an enquiry report within a period of 30 days. Since the proceedings are scheduled on 7th August, 2025 before the learned Magistrate, we would expect the aforesaid order to be passed on the said date or at the earliest by following the due procedure laid down in law; (d) the concerned Police Officer would ensure that the report is tendered to the learned Magistrate within a period of 30 days, from the date of the order.

(GAUTAM A. ANKHAD, J.) (RAVINDRA V. GHUGE, J.)