Sharad Nivrutti Balwadkar And ORS v. The State Of Maharashtra And ANR

BDP 31 WP-5946-25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 5946 OF 2025 Sharad Nivrutti Balwadkar & Ors.

....Petitioners V/s State of Maharashtra and Anr.

.... Respondents.

Mr. Sachin B. Thorat a/w Mr. Yogesh G. Thorat, advocates for the petitioners.

Mr. J.P. Yagnik, Addl.PP for the respondent no.1-State. CORAM : SHREE CHANDRASHEKHAR, CJ & GAUTAM A. ANKHAD, J.

DATE : 19th NOVEMBER 2025.

P.C. :

The petitioners pray for the following reliefs:- "(A) Rule be issued and record and proceedings be called for; (B) Be pleased to quash and set aside the First Information Report (FIR) bearing No.944 of 2020 dated 20.10.2020 registered with Lonikand Police Station, Pune Gramin under sections 420 and 34 of the Indian Penal Code.

(C ) After perusing the record, this Hon'ble Court be pleased to quash and set aside the Criminal Proceeding being RCC No.2042 of 2023 pending before the Ld. Judicial Magistrate First Class, Shivaji Nagar, Pune, arising from FIR bearing No.944 of 2020 dated 20.10.2020 registered against Petitioners with Lonikand Police Station, Pune Gramin, under Section 420 and 34 of the Indian Penal Code;

(D) Pending hearing & final disposal of this petition, be pleased to stay the Criminal Proceeding being RCC No.2042 of 2023 pending before the Ld. Judicial Magistrate First Class, Shivaji Nagar, Pune, arising from FIR bearing No.944 of 2020 dated 20.10.2020 registered against the Petitioners with Lonikand Police Station, Pune Gramin, under Section 420 and 34 of the Indian Penal Code;

(E) Interim/ad-interim relief in terms of prayer clause '(C)' & '(D)' above may be granted;

(F) Such further and other order be made as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case."

BDP 31 WP-5946-25.doc 2.

Mr. J.P. Yagnik, the learned Additional Public Prosecutor states that cognizance of the offence has been taken by the Court concerned.

3. In view thereof and considering Rule 2(II)(h) under Chapter I of the Bombay High Court Appellate Side Rules, 1960, the learned counsel for the petitioners seeks permission to withdraw the writ petition with liberty to file fresh petition/application, if so advised.

4. Writ Petition No.5946 of 2025 is dismissed as withdrawn with the aforesaid liberty. All contentions are kept open. [GAUTAM A. ANKHAD, J.] [CHIEF JUSTICE] BHARAT DASHARATH PANDIT BHARAT DASHARATH PANDIT Date: 2025.11.27 11:39:49 +0530