Hitarth Alkesh Vora v. Charmy Hitarth Vora And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 389 OF 2026 Hitarth Alkesh Vora

...Petitioner

Versus

1. Charmy Hitarth Vora

2. Alkesh Vora

3. Jigna Vora

4. The State of Maharashtra

...Respondents

Digitally signed by SHRADDHA KAMLESH TALEKAR Date:

2026.02.06 14:44:13 +0530 SHRADDHA KAMLESH TALEKAR Mr. Deepak Shukla i/b BNS Legal, for Petitioner. None for Respondent Nos. 1 to 3.

Ms. R.V. Newton, APP for Respondent No. 4-State.

CORAM

: MADHAV J. JAMDAR, J.

Date : 6th February, 2026 PC :

1.

Heard Mr. Shukla, Learned Counsel appearing for the Petitioner and Ms. Newton, Learned APP for Respondent No. 4 -State. 2.

Mr. Shukla states that Respondent Nos. 1 to 3 have been served, however, none appears for Respondent Nos. 1 to 3. 3.

In this Writ Petition filed under Article 227 of the Constitution of India, the challenge is to the order dated 6th January, 2026 passed by the Learned Judicial Magistrate (First Class), Court No. 49, Vikhroli, Mumbai below Exhibit 34 in CC No. 147 DV 2024. By the said order,

arrest warrant has been issued against the present Petitioner for recovery of Rs. 9 Lakhs towards interim maintenance.

4.

Mr. Shukla, Learned Counsel appearing for the Petitioner states that within a period of two weeks, said amount of Rs. 9 Lakhs will be deposited before the Learned Judicial Magistrate (First Class), Court No. 49, Vikhroli, Mumbai. If said amount is deposited within a period of two weeks from today, then in that event, the impugned order is quashed and set aside as the arrest warrant has been issued by the impugned order to ensure payment of Rs. 9 Lakhs. If said amount is deposited within two weeks, the same be allowed to be withdrawn by the Respondent No.1-Charmy Hitarth Vora. However, it is clarified that the same will be subject to the result of the Criminal Appeal No. 739 of 2025 which is pending in the Court of Learned Sessions, Court, Mazgaon.

5.

It is further specifically made clear that if such amount is not deposited within a period of two weeks, then this Writ Petition stand dismissed with costs of Rs.25,000/- to be paid to the Respondent No. 1Charmy Hitarth Vora. 6.

Accordingly, the Writ Petition is disposed of in the above

terms. However, to ensure compliance of this order, stand over to 23rd February, 2026 at 3:00 p.m.

[ MADHAV J. JAMDAR, J.]