Aditya Dilip Karande And ORS v. The State Of Maharashtra And ANR

Gokhale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 3459 OF 2025 Aditya Dilip Karande & Ors.

..Petitioners

Versus

The State of Maharashtra & Anr.

..Respondents __________ Mr. Amey D. Deshpande for Petitioners.

Ms. Sangita E. Phad, APP for State/Respondent. __________ CORAM : SARANG V. KOTWAL & SHYAM C. CHANDAK, JJ.

DATE : 14 OCTOBER 2025 PC :

1.

In this writ petition, on 24.09.2025, learned counsel for the Petitioners had mentioned the matter out of turn because he had come from outside Mumbai. Therefore, by way of indulgence we heard him. His only request was that he be permitted to amend the petition to annex a copy of the order taking cognizance and to carry out necessary amendments in that behalf. We had permitted him to do so vide the said order dated 24.09.2025. However, the office placed this matter before us pointing out that on 04.07.2025 another Division Bench of this Court had issued notice to the Digitally signed by VINOD BHASKAR GOKHALE Date:

2025.10.15 10:55:44 +0530 VINOD BHASKAR GOKHALE

Respondent No.2 and learned counsel for the Petitioners was directed to supply a spare copy of the petition in the Registry within a period of two weeks from 04.07.2025; failing which the petition was to stand dismissed without further reference to the Court. The office note does not mention whether a spare copy was supplied or not. In fact, the office note dated 23.09.2025 mentions that the papers were misplaced and they were under search. The office had not put up a note that the petition was dismissed for not supplying a spare copy. In those circumstances, the order dated 24.09.2025 was passed permitting the Petitioners to carry out further amendment.

2.

Considering this background, since the main prayer in the petition is substantially changed because now the Petitioners will have to challenge the order taking cognizance, in the interest of justice, the order dated 04.07.2025 is modified and the learned counsel for the Petitioners is now permitted to supply a copy of the amended petition within a period of four weeks after the amendment is carried out. Since a fresh notice will have to be issued after the amendment, the order dated 04.07.2025 can be

modified to this extent.

3.

The office to take steps to place this matter before a Single Judge Bench, as directed vide the order dated 24.09.2025. (SHYAM C. CHANDAK, J.) (SARANG V. KOTWAL, J.)