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Bombay High CourtIA/104/2025disposed off

Lumanity Creative Strategy And Engagement Inc. Formerly Known As Guidemark Health Inc. v. The State Of Maharashtra And ORS.

2025-06-13Hon'Ble Shri Justice A.S. Gadkari , Hon'Ble Shri Justice Rajesh S. Patil2 pages

Osk 61-Apl-1140-2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION (A.P.L.) NO. 1140 OF 2023 Amresh Rameshchandra Shrivastava & Ors.

... Applicants V/s.

The State of Maharashtra & Anr.

... Respondents WITH INTERIM APPLICATION NO. 104 OF 2025 IN CRIMINAL APPLICATION (A.P.L.) NO. 1140 OF 2023 Lumanity Creative Strategy and Engagement Inc. formerly known as Guidemark Health Inc.

... Intervenor In the matter between :- Amresh Rameshchandra Shrivastava & Ors.

... Applicants V/s.

The State of Maharashtra & Anr.

... Respondents _______________________________________ Mr. Subodh Desai, Senior Advocate a/w. Mr. Kartik Veera i/b. Mr. Rohan Sonawane for Applicants.

Mr. Gaurav Parkar i/b. Mr. Shantanu Kadam for Intervenor. Mr. Kiran C. Shinde, A.P.P. for Respondent-State. A.P.I. Mr. Kiran Aher, Cyber Police Station, North Region, Mumbai, present. _______________________________________ CORAM : A. S. GADKARI AND RAJESH S. PATIL, JJ.

DATE : 13th June 2025.

P.C. :

1) Learned A.P.P. on instructions from Mr. Kiran Aher, Assistant Police Inspector attached to Cyber Police Station, North Region, Mumbai, 1/2

Osk 61-Apl-1140-2023.doc submitted that, the investigation of the present crime is completed and the Police have reached to the conclusion that, no offence of any nature at all is made out. That, at the most it appears that, it was a civil transaction between the parties herein and therefore the police are inclined to file 'CSummary Report' before the Court of competent jurisdiction. That, the said Report will be filed within a period of 30 days from today. The said statement is accepted.

1.1) Learned A.P.P. further submitted that, however in view of the Order dated 27th September 2023 the Police are precluded from filing 'Final Report'.

2) As the Police have already concluded investigation and have reached to the conclusion that, 'C-Summary Report' needs to be filed before the jurisdictional Court, we vacate the ad-interim relief granted by Order dated 27th September 2023 with immediate effect. 3) In view of the statement made by the learned A.P.P., as recorded above, present Petition for quashing of the crime in-question does not survive and is accordingly disposed off.

4) In view of the disposal of Criminal Application (A.P.L.) No. 1140 of 2023, Interim Application No. 104 of 2025 does not survive and is accordingly disposed off.

( RAJESH S. PATIL, J. ) ( A.S. GADKARI, J. ) by OMKAR SHIVAHAR KUMBHAKARN Date:

2025.06.18 11:25:01 +0530 OMKAR SHIVAHAR KUMBHAKARN 2/2