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Rohit Arvind Patel v. State of Maharashtra and Ors.

Bombay HC15 Jul 2025APL/1422/2024

Case brief

AI extract

What is this about?

Bombay High Court; Criminal Application (A.P.L.) No. 1422 of 2024; Rohit Arvind Patel v. State of Maharashtra; decided 30 July 2025; Gadkari and Patil JJ.; withdrawal of criminal application; allegation of circumcision of minor child held false; medical examination by Dr. Nikhil Parikh, Nikhil Children Hospital, Surat; discharge summary dated 17 March 2023; police inquiry by PSI Swapnil Chaure, Shivajinagar Police Station, Ambernath, Thane; application disposed of as withdrawn unconditionally.

What did the court decide?

Leave to withdraw the Criminal Application unconditionally was granted; the Application was disposed of as withdrawn. ¶25

Rohit Arvind Patel vs State of Maharashtra and Ors. — Bombay HC (2025) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CRIMINAL APPELLATE JURISDICTION

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CRIMINAL APPLICATION (A.P.L.) NO. 1422 OF 2024

Rohit Arvind Patel

… Applicant

V/s.

The State of Maharashtra & Ors. … Respondents

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Mr. Mahesh R. Joshi for Applicant. Mr. Ashish I. Satpute, A.P.P. for Respondent No.1-State. Officer : Mr. Shailesh Baburao Kale, A.C.P., Ambernath, Dist. Thane, present.

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CORAM : A. S. GADKARI AND

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RAJESH S. PATIL, JJ.

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DATE : 30^th July 2025.

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P.C. :

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Learned A.P.P., on instructions from Assistant Commissioner of

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Police Mr. Shailesh Kale, submitted that, in furtherance of the pleadings in the Application by the Applicant, who is the biological father of Master Tasmay, the Police have conducted in depth inquiry in to the said allegations. 2) On 28^th July 2025, Mr. Swapnil Chaure, Police Sub-Inspector attached to Shivajinagar Police Station, Ambernath, District Thane, has recorded statement of Dr. Nikhil Parikh having residential address as 401, Nine-Square, Haney Park Road, Adajan, Surat, State of Gujarat. The

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concerned doctor is children specialist and owns a hospital by name, Nikhil Children Hospital.

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2.1) In his statement, Dr. Nikhil Parikh has stated that, Master Tasmay Patel aged about 3 years was admitted to his hospital on 15^th March 2023 and was discharged on 17^th March 2023. The Discharge Summary Report is handed over to the concerned Police Officer.

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2.2) The said Doctor has further stated that, on 28^th July 2025 also, Smt. Jayashri Champaneria had brought Master Tasmay to his hospital and at her request, he has medically checked the said boy. He noticed that, no circumcision done on him and no injury to the said part was noticed. It is further stated that, the allegation of Applicant is completely false and there is no truth in it. That, he had checked Master Tasmay clinically and found that, the allegation is not true.

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We have perused the Discharge Summary Report dated 17^th March 2023 issued by Nikhil Children Hospital. It discloses that, on 14^th March 2023 the said boy was clinically and physically examined by the concerned Doctor with a complaint of “Fever MD continuous 5-6 days, vomiting, body-ache, headache, cough nocturnal and weakness for 4 days”. The said boy was therefore prescribed medicine by the concerned Doctor and he was discharged from the said hospital on 17^th March 2023 in the morning. 4) In view of the above, the grievance of the Applicant does not survive.

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