Pravin Shivjatan Mallah v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.6725 OF 2025 Pravin Shivjatan Mallah .. Petitioner Vs.

The State of Maharashtra .. Respondent Mr. Virat Agarwal, Advocate for the Petitioner. Mr. Ashish Satpute, Additional Public Prosecutor for the Respondent-State of Maharashtra.

PSI Bajrang Desai, Samta Nagar Police Station is present in Court. CORAM : GAUTAM A. ANKHAD, J.

DATE : 16TH MARCH 2026.

P.C. :

1.

Mr. Agarwal, learned advocate for the Petitioner submits that this matter is covered by the order of the Division Bench dated 25th April 2024 passed in Writ Petition no.1506 of 2024 (Pranav H. Patel v. State of Maharashtra & Anr.) as also an order dated 10th March 2026 passed in Criminal Writ Petition no.6449 of 2025 (Ratnakar Martha v. State of Maharashtra). He submits that the present Petitioner was also a customer who was attending the Dance Bar on 16th December 2017 and is identically places as the other petitioners who are arraigned as an accused in the same First Information Report no.740 of 2017 dated 17th December 2017.

1/2 40-WP-6725-2025.doc Dixit

2.

Mr. Satpute, learned APP has taken instructions from the Investigating Officer who is present in Court and submits that the Petitioner is identically placed as he was a customer attending the Dance Bar on the said date. 3.

No specific overt-act has been attributed to the Petitioner. In view of the aforesaid orders and since the Petitioner is identically placed as the petitioners in the aforesaid orders, this Petition is also allowed in terms of prayer clause (a), which reads as under:- "(a) Issue a writ in the nature of certiorari and quash the criminal proceedings against the Applicant in Sessions Case No.272 of 2018 pending before Sessions Court, Dindoshi, Mumbai arising out of FIR dated 17th December 2017 registered with Samta Nagar Police Station vide C.R. No.740 of 2017."

[ GAUTAM A. ANKHAD, J. ] 2/2 Digitally signed by SNEHA ABHAY DIXIT Date:

2026.03.16 17:25:06 +0530 40-WP-6725-2025.doc Dixit SNEHA ABHAY DIXIT