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Bombay High CourtWP/1055/2026disposed off

Rahul Viresh Mehta v. The State Of Maharashtra And ANR.

2026-04-06Hon'Ble Shri Justice Ashwin D. Bhobe2 pages

28-WP-1055-2026.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.1055 OF 2026 Rahul Viresh Mehta ... Petitioner V/s.

State Of Maharashtra And Anr.

... Respondents ____________________________________ Mr. Madhukar Dalvi, a/w Mr. Harsh Parte, Ms. Prachi Parte, Mr. Siddhesh Borkar, Mr. Shivendra Dwivedi, Mr. Anush Pawade, Advocate for the Petitioner.

SHARADA RANGNATH WAHULE SHARADA RANGNATH WAHULE Date: 2026.04.06 20:25:55 +0530 Mrs. Rajeshree Newton, APP for Respondent No.1-State. API Hanif Shaikh, Waliv Police Station, is present. ____________________________________

CORAM

: ASHWIN D. BHOBE, J.

DATED : 6th April 2026 P.C.:

1.

At the outset, Mr. Mahesh Vasvani, learned Advocate for the Respondent No.2, states that the contention raised by the Respondent No.2 as recorded in the order dated 23rd March, 2026 are not pressed by the Respondent No.2.

2.

Mr. Mahesh Vasvani, states that the Petition, in the manner filed by the Petitioner with the relief in prayer clause (a) would not be tenable qua the Petitioner, as the Petitioner is not even named as an Accused in the impugned FIR. He submits that, in view of the said factual aspects which is not disputed by Mr. Madhukar Dalvi, learned Advocate for the Petitioner, this Petition would not be maintainable . Sharada

28-WP-1055-2026.doc 3.

Faced with the said objection, Mr. Madhukar Dalvi, learned Advocate for the Petitioner, seeks leave to carry out amendment in the memo of Petition and the prayer clause. The said request made by Mr. Madhukar Dalvi is not objected to by Mr. Mahesh Vasvani, learned Advocate for Respondent No.2 and Mrs. Rajeshree Newton, learned APP for Respondent No. 1-State.

4.

In view of the no objection by the Advocate for the Respondents, leave granted to the Petitioner to amend the memo of Petition and the prayer clause of the Petition.

5.

Madhukar Dalvi, learned Advocate for the Petitioner, states that the amendment would be carried by 7th April, 2026. Permission granted. A Copy of the amendment Petition be served on the Advocate on record for the Respondent No.2 and office of the APP. 6.

List on 8th April, 2026.

( ASHWIN D. BHOBE, J.) Sharada