Rahul Madhukar Birla v. The State Of Maharashtra And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.3825 OF 2025 Rahul Madhukar Birla .. Petitioner Vs.

The State of Maharashtra, Through Chitalsar Police Station, Thane & Ors. .. Respondents Mr. Som Bhadra Singh, Advocate, i/by Kumar & Associates, for the Petitioner.

Mr. S.V. Gavand, Additional Public Prosecutor for Respondent No.1.

Ms. Sourabhi Waknis, Advocate, i/by White & Brief, Advocates & Solicitors, for Respondent No.2.

Mr. Arjun Yadav, i/by Mr. Shon Gadgil, Advocates for Respondent No.4.

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

DATE : 4TH MARCH 2026.

P.C. :

By this petition, the petitioner seeks the following reliefs: "(a) That this Honorable Court in jurisdiction under Article 226 of the Constitution of India and under Section 528 of BNSS (replaced/modified from Section 482 of the Criminal Procedure Code, 1973) be pleased to issue writ of mandamus and/or any appropriate writ or order or direction in the nature of the mandamus directing the respondent no.1 to perform their statutory duty under Section 154 of Criminal Procedure Code by taking cognizance of the complaints lodged by the petitioner against the respondent nos.2 to 4 by registering a FIR as required under section 154(1) of the Criminal Procedure Code, 1973 against the respondent nos.

2 to 4 for the offences of infringement, cheating, misappropriation of property, criminal breach of trust, criminal conspiracy and passing off unfair competition at the cost of causing loss and damages to the petitioner etc.; (b) That this Honourable Court in jurisdiction under Article 226 of the Constitution of India and under section 528 of BNSS (replaced/modified from section 482 of the Criminal 1/2 2-WP-3825-2025.

Procedure Code, 1973) be pleased to issue writ of mandamus and/or any appropriate writ or order or direction directing the respondent no.1 to initiate investigation in pursuance to the complaint (being Exhibit "J" to the petition) and take appropriate action against the erring officer of the Chitalsar Police Station who refused to register the FIR on the complaint of the petitioner in the interest of justice; (c) That urgent ad-interim in terms of prayer clauses (a) and (b) above be granted;

(d) That cost of the petition be provided for."

2.

Mr. Som Bhadra Singh, the learned counsel for the petitioner, on instructions, seeks permission to withdraw this writ petition.

3.

Criminal Writ Petition no.3825 of 2025 is dismissed as withdrawn.

[ GAUTAM A. ANKHAD, J. ] [ CHIEF JUSTICE ] Digitally signed by SNEHA ABHAY DIXIT Date:

2026.03.05 16:01:26 +0530 2/2 2-WP-3825-2025.doc Dixit SNEHA ABHAY DIXIT