Rajesh Narendra Mewawalla And ORS. v. State Of Maharashtra And ANR.
WAKLE MANOJ JANARDHAN Manoj 10-APEAL-705-2025.doc WAKLE MANOJ JANARDHAN Date: 2025.09.23 18:17:46 +0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.705 OF 2025 AND CRIMINAL APPEAL NO.706 OF 2025 AND CRIMINAL APPEAL NO.707 OF 2025 Rajesh Narendra Mewawalla & Ors.
...Appellants Vs.
The State of Maharashtra
...Respondent
------ Mr. Sadanand Shetty a/w Adv. Pinaz C. Contractor and Adv. Hitekshi Y. Bhanushali, for the Appellants.
Ms. Supriya Kak, AGP for the Respondent-State. Mr. Dnyaneshwar Ladse, PSI, Mulund Police Station, Mumbai present. ------ CORAM : SARANG V. KOTWAL & SHYAM C. CHANDAK, JJ.
DATED : 22nd SEPTEMBER, 2025 P.C. :- 1) Criminal Appeal Nos.706 of 2025 and 707 of 2025 be tagged with Criminal Appeal No.705 of 2025.
2) The basic common challenge in all these Appeals are the Order dated 15th October, 2024 in pursuance to the Application filed by the first informant, which is taken on record at Exhibit-20 read with Exhibit-35 which is an Affidavit filed by the first informant. That Application was dated 5th April, 2024. The said Application is at page 146 of the Criminal Appeal No.707 of 2025. As for the two other Appeals, there are references to the Orders passed on 14th November, 2024 and 10th December, 2024. 1/2
Manoj 10-APEAL-705-2025.doc Vide all these Orders, the learned Trial Judge has directed the Investigating Officer of Mulund Police Station to identify movable and immovable properties of Appellants/Accused and to dispatch the proposal for attachment of those properties to Home Department, State of Maharashtra for notifying the attachment under Section 4 of M.P.I.D. Act and to report compliance within 1 week.
3) Learned Counsel for the Appellant submitted that the learned Judge had no power under the M.P.I.D. Act to issue such direction. It was the prerogative of the State Government through competent authority to attach the property.
4) We have considered this submission. The Order was passed in the Application filed by the original first informant. Therefore it is necessary to hear the first informant in this case.
5) Learned Counsel for the Appellant is directed to add the first informant as a party Respondent.
6) The Amendment shall be carried out within a period of two weeks from today.
7) Once the amendment is carried out, issue notice to the added Respondent in all these Appeals. The notice is made returnable on 26th November, 2025.
(SHYAM C. CHANDAK, J.) (SARANG V. KOTWAL, J.) 2/2