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Bombay High CourtWP/4565/2025disposed off

Ravindra Tukaram Ghadwaje v. State Of Maharashtra

2026-01-14Hon'Ble Shri Justice Nitin B. Suryawanshi2 pages

1 106-501.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 4503 OF 2025 YARA FERTILISERS INDIA PRIVATE LIMITED, THROUGH ITS AUTHORIZED SIGNATORY

VERSUS

THE STATE OF MAHARASHTRA ...

Mr. P. R. Katneshwarkar, Sr. Advocate i/b Mr. Hrishikesh S. Shinde a/w Mr. Abhang Suryawanshi, Advocate for Petitioner Mr. P. P. Deokar, APP for Respondent/State ...

CRIMINAL WRIT PETITION NO. 4565 OF 2025 MR. RAVINDRA TUKARAM GHADWAJE

VERSUS

THE STATE OF MAHARASHTRA ...

Mr. Akshay Kulkarni a/w Mr. Rahul Rote, Advocate for Petitioner Mr. S. H. Yadav, APP for Respondent/State ...

CORAM : NITIN B. SURYAWANSHI, J.

DATE : 14TH JANUARY, 2026 PER COURT :

1.

Leave is granted to correct the prayer clause. Correction to be carried out forthwith.

2.

By these petitions filed under Article 227 of the Constitution of India, the petitioners challenge order dated 25/02/2021 of issuance of process, passed by learned Judicial Magistrate, First Class, Mangalwedha, District Solapur in R.C.C. No.32/2021.

SVH

2 106-501.odt 3.

Admittedly, the present issue is squarely covered by the decision rendered by this Court at Aurangabad Bench [Coram : Abhay J. Mantri, J.] in Criminal Writ Petition No.960/2025 filed by the petitioners, wherein similar allegations were levelled against the petitioners and order of issuance of process was passed by the learned Chief Judicial Magistrate, Ahmednagar in identical set of circumstances. This Court by a reasoned order dated 03/12/2025 has allowed the petitions and quashed and set aside the order of issuance of process.

4.

For the reasons stated in the above order dated 03/12/2025, both the writ petitions are allowed in terms of prayer clause 'a'. The impugned order dated 25/02/2021, passed by learned Judicial Magistrate, First Class, Mangalwedha, District Solapur in R.C.C. No.32/2021, is quashed and set aside to the extent of petitioners.

(NITIN B. SURYAWANSHI, J.) SVH