Ankush Dilip Kachi v. The State Of Maharashtra And ANR

1 903-WP 1750-26.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.1750 OF 2026 Ankush Dilip Kachi ... Petitioner Vs.

The State of Maharashtra & Anr.

... Respondents ----- Mr. Mateen Shaikh a/w Suresh Jadhav a/w Muskan Shaikh, Jammu Shaikh, S. Shaikh for the Petitioner.

Ms. Rutuja Ambekar, APP for the Respondent-State. ----- CORAM :

N.R. BORKAR, J.

DATE :

07TH APRIL 2026 P.C. :

1.

This Petition takes exception to the order dated 23rd March 2026 passed below Exhibit 7 in PWDVA Application No.674 of 2024, by which the Learned Magistrate has issued the Non-Bailable Warrant against the present Petitioner for non-payment of maintenance amount to Respondent No.2.

2.

The learned counsel for the Petitioner submits that the trial Court erred in directly issuing Non-Bailable Warrant for non-payment of maintenance amount. However, it appears that pursuant to Non-Bailable Warrant, the Petitioner was taken in custody and during the pendency of the present petition, the trial Court has allowed the application of the Petitioner for his release and therefore the petitioner is now no more in custody. The present petition has thus become academic. 3.

The learned counsel, however, submits that the petitioner was in Mugdha

2 903-WP 1750-26.doc custody for six days and thus the police department in which he is working may take disciplinary action against him. 4.

The Petitioner was in custody for not an offence of any moral turpitude and therefore no disciplinary action shall be taken against him on that basis.

5.

The Writ Petition is disposed of in the aforesaid terms. (N.R. BORKAR, J.) Mugdha