Bombay High CourtAPL/1169/2025disposed off

Mala Awadhbihari Bharadwaj And ANR v. State Of Maharashtra And ANR

2025-09-26Hon'Ble Shri Justice Ashwin D. Bhobe2 pages

HEMANT CHANDERSEN SHIV H.C. SHIV 12.w1676.25.doc HEMANT CHANDERSEN SHIV Date: 2025.09.29 15:29:49 +0300

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1676 OF 2025 Mala Awadhbihari Bharadwaj & Anr.

... Petitioners Vs.

State of Maharashtra & Anr.

... Respondents ------ Ms. Kalyani Mangave for the Petitioners.

Ms. Sharmila S. Kaushik APP for the Respondent-State. Ms. Aarti Pandey for the Respondent No.2.

Mr. Shivraj S. Kharade, Kondhava police station present. ------ CORAM : SARANG V. KOTWAL & SHYAM C. CHANDAK, JJ.

DATED : 26th SEPTEMBER, 2025 P.C. :- 1) The learned Counsel for the Petitioners submitted that in this case the cognizance is taken and therefore, he needs to challenge the order taking cognizance. At his request the leave is granted for the following purposes :- (i) To annex a copy of the order taking cognizance. (ii) To add the prayer challenging the order taking cognizance. (iii) To add the corresponding grounds in the memo. (iv) To delete the reference of Article 226 of the Constitution of India in the cause title.

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H.C. SHIV 12.w1676.25.doc 3) The amendment shall be carried out within a period of four weeks from today.

4) Once the amendment is carried out, it will not remain a Criminal Writ Petition under Article 226 of the Constitution of India. Therefore, the office shall permit the Petitioner to convert this Criminal Writ Petition into an appropriate Criminal Application. 5) After it is so converted, in view of the Order dated 11th September, 2025 passed in Criminal Writ Petition No.3901 of 2021 and the Order dated 9th September, 2025 passed in Criminal Writ Petition No.2056 of 2025, the matter would now lie before the appropriate Single Judge Bench. Therefore, office to take steps to place this matter before the appropriate Single Judge Bench of this Court. 6) It is made clear that there is no stay operating in favour of the Petitioners in this case.

(SHYAM C. CHANDAK, J.) (SARANG V. KOTWAL, J.) 2/2