Yogita Jitesh Shah v. State Of Maharashtra And ORS.

26-wP.4943.2025.doc JVS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 4943 OF 2025 Yogita Jitesh Shah } Petitioner versus State of Maharashtra & Ors.

} Respondents Mr. Vivek B. Rane, Advocate for the Petitioner. Ms. Mahalaxmi G., APP for Respondent Nos. 1 to 3.

CORAM:

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

DATE:

24th SEPTEMBER 2025 P.C.:

Though several prayers have been made in this writ petition, the learned counsel for the petitioner has pressed the prayer at Clause (e) which pertains to a direction to be issued to the respondent nos. 1 to 3, who are the police officers in the Police Department, to add Mrs. Kanchan Singh, the Director of S. R. L. Industries as an accused in the crime bearing FIR No. 0030 of 2025 registered on 3rd February 2025 at Bhayandar Police Station for commission of offence under sections 318(4), 316(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

2.

This Court, at this stage, cannot exercise its powers under Article 226 of the Constitution of India to direct the Investigating Officer to add Mrs. Kanchan Singh, the Director of S. R. L. Industries as an accused in the alleged crime. The law on the subject is quite well settled. After a charge-sheet is laid in the Court concerned, the aggrieved complainant/informant shall have a liberty in law to file a complaint/protest petition cognizance of

26-wP.4943.2025.doc which shall be taken by the Court concerned. In view of the statutory regime governing the field, this writ petition lacks merit. JAYANT VISHWANATH SALUNKE 3.

Writ Petition No. 4943 of 2025 is dismissed.

JAYANT VISHWANATH SALUNKE Date: 2025.10.10 15:01:44 +0530 [GAUTAM A. ANKHAD, J.] [CHIEF JUSTICE]