Ayushi Nilesh Modi And ANR v. State Of Maharashtra And ANR
1 902-APEAL(ST) 21901-25 @IA 4054-25.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL (ST) NO.21901 OF 2025 (NOT ON BOARD) Ayushi Nilesh Modi & Anr.
... Appellants Vs.
State of Maharashtra & Anr.
... Respondents WITH INTERIM APPLICATION NO.4054 OF 2025 IN CRIMINAL APPEAL (ST) NO.21901 OF 2025 ----- Mr. Adithya R. Iyer a/w Veertej Patil, Vijit Shinde, Advait Helekar for the Appellants/Applicants.
Mr. P. H. Gaikwad, APP for the Respondent-Sate. ----- CORAM :
N.R. BORKAR, J.
DATE :
18TH JUNE 2026 P.C. :
1.
This Appeal under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC & ST Act) is filed for the following reliefs:
"a.
This Hon'ble Court be pleased to quash and set aside order dated 31 October 2024, passed by the Hon'ble Special Court Special Case No.2642 of 2024 issuing process against the Appellants for Sections 79, 352, and 3(5) of the B.N.S. and Sections 3(1)(r) and 3(1)(s) of the Prevention of Atrocities Act, 1989; b.
This Hon'ble Court be pleased to quash and set aside Special Case No. 2642 of 2024 emanating from CR No.524 of 2024 which was registered on 12 October 2024 for the commission of offences punishable under Sections 79, 352, and 3(5) of the B.N.S. and Sections 3(1)(r) and 3(1)(s) of the Prevention of Atrocities Act, 1989;
2 902-APEAL(ST) 21901-25 @IA 4054-25.doc c.
This Hon'ble Court be pleased to quash and set aside CR No.524 of 2024 which was registered on 12 October 2024 for the commission of offences punishable under Sections 79, 352, and 3(5) of the B.N.S. and Sections 3(1)(r) and 3(1)(s) of the Prevention of Atrocities Act, 1989;
d.
This Hon'ble Court be pleased to stay the proceedings in Special Case No. 2642 of 2024 emanating from CR No. 524 of 2024 which was registered on 12 October 2024 for the commission of offences punishable under Sections 352, and 3(5) of the B.N.S. and Sections 3(1)(r) and 3(1)(s) of the Prevention of Atrocities Act, 1989;
e.
This Hon'ble Court be pleased to grant ad - interim relief in terms of prayer clause (d) hereinabove;
f.
This Hon'ble Court be pleased to pass any such other orders as may be deemed fit and proper by this Hon'ble Court in the interest of justice"
2.
Under Section 14-A of the SC & ST Act, the Appeal is provided against any judgment, sentence or order, not being an interlocutory order, passed by a Special Court and against an order granting or refusing bail. 3.
The present Appeal, therefore, cannot be entertained in respect of prayer clauses (b) and (c). Learned Counsel for the Appellant thus seeks leave to withdraw the present Appeal with liberty to take recourse to such remedy as available in the law.
4.
Leave granted. The Appeal is disposed of as withdrawn with liberty as sought.
3 902-APEAL(ST) 21901-25 @IA 4054-25.doc 5.
In view of the above, the Interim Application does not survive and the same is disposed of.
(N.R. BORKAR, J.)