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Bombay High CourtIA/1597/2025disposed off

Xyz v. State Of Maharashtra And ANR

2025-04-23Hon'Ble Shri Justice Sarang Vijaykumar Kotwal , Hon'Ble Shri Justice S. M. Modak3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION (ST) NO. 7780 OF 2025 IN CRIMINAL WRIT PETITION NO. 761 OF 2025 XYZ .....Applicant

Versus

The State of Maharashtra and Anr.

.....Respondents ----- Intervenor present in person Chinmay Patil - Advocate for the Petitioners. Ms. M. H. Mhatre - APP for the Respondent-State. Mr. Abhinav Tayade a/w Nikhil Wagh - Advocate for Respondent No. ----- CORAM : SARANG V. KOTWAL & S.M. MODAK, JJ.

DATE : 23rd APRIL 2025 P.C. :

1.

This interim application is filed by a third person opposing grant of relief in the main Criminal Writ Petition No. 761 of 2025. The intervenor-applicant has her own grievance against the Petitioner No. 1 in Criminal Writ Petition No. 761 of 2025. The intervenor-applicant has lodged her own F.I.R. vide CR No. 56 of 2025 at Lonavala City Police Station on 03.02.2025 under Sections 69, 318 (4), 3(5), 316 (2) of the Bharatiya Nyaya Sanhita, 2023 by SEEMA KSHITIJ YELKAR Date:

2025.04.29 15:09:00 +0530 SEEMA KSHITIJ YELKAR

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(BNS) and under Section 66 (E) of the Information Technology Act, 2000.

2.

We have heard the intervenor-Applicant and we have perused the F.I.R.. The learned APP submitted that in connection with the investigation in this offence, non-bailable warrant and LOC are pending against the Petitioner No. 1 in Criminal Writ Petition No. 761 of 2025.

3.

By a separate order passed today we have quashed the proceeding which are the subject matter of the Criminal Writ Petition No. 761 of 2025 in proceedings initiated by the Petitioner No. 1's wife under Section 498-A of the Indian Penal Code against all the Petitioners in the connected petitions. The grievance of the present intervenor-applicant is about the alleged offence committed by the Petitioner No. 1 against the intervenor-Applicant. Though there is background of the dispute between the Petitioner No. 1 and his wife, the grievance of the intervenor-applicant against the Petitioner No. 1 is an independent issue which she can pursue in accordance with law. We make it clear that the order of quashing of the proceeding passed in Criminal Writ Petition No. 761 of 2025 is an independent order and it shall not have any effect on the investigation into C.R.

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No. 56 of 2025 registered at Lonavala City Police Station. The subject matter of that investigation is totally independent. 4.

Having observed this, no further order can be passed in favour of the intervenor-Applicant in this intervention application. 5.

The interim application is disposed of.

(S.M. MODAK, J.) (SARANG V. KOTWAL, J.)