Capt Alok Kumar vs State of Maharashtra and Ors. — Cheating and Forgery | Bombay HC (2025)

Capt Alok Kumar vs State of Maharashtra and Ors. — Cheating and Forgery | Bombay HC (2025)

What the court decided

AI extract

Outcome

Interim relief only: notice issued returnable 15th January 2026; Police to continue investigation but not file chargesheet qua Applicants without leave of the Court; LOC suspended (if issued) with suspension to be communicated to the Bureau of Immigration; no coercive action till the next date; Applicants to report to the concerned Police Station/Office on notified dates; another ACP-rank Officer requested to be appointed to look into the matter; stand over to 16th January 2026 tagged with Criminal Application No.1225 of 2025. The quashing applications themselves remain undecided.

Issue for consideration

Whether the F.I.R. (C.R.No.0507 of 2025, Thane Nagar Police Station) is mala fide and liable to be quashed, given that civil proceedings are already pending between the parties. +1 more

Ratio / Principle

Notice was issued to the Respondents in both Criminal Applications, returnable on 15th January 2026.

Key takeaways

Learned Addl.P.P. waived notice on behalf of Respondent Nos.1 and 2 in both Applications, and Mr. Niranjan Mundargi, learned Counsel, waived notice for Respondent No.4 in Criminal Application No.1459 of 2025 and for Respondent No.3 in Criminal Application No.1522 of 2025.ratio¶35
A spare copy of Criminal Application No.1459 of 2025 was directed to be supplied in the Registry within one week to enable issuance of notice to Respondent No.3-Bureau of Immigration; the Applicant's counsel to serve that Respondent by private notice and file affidavit of service before the next date.ratio¶36

Detailed headnote1 paragraphs

Bombay High Court (Criminal Appellate Jurisdiction), Coram Revati Mohite Dere & Sandesh D. Patil, JJ., order dated 19 December 2025 in Criminal Application No.1459 of 2025 (Capt. Alok Kumar) with Criminal Application No.1522 of 2025 (Manish Pamecha) v. The State of Maharashtra (Thane Nagar Police Station) & Ors. — Quashing applications concerning F.I.R. C.R.No.0507 of 2025 of Thane Nagar Police Station (since transferred to Search-I, Crime Branch, Thane City, EOW, Thane) for alleged offences under Sections 3(5), 316 and 318(4) of the Bharatiya Nyaya Sanhita; Applicants contend the F.I.R. is mala fide as civil proceedings are pending between the parties and no monies were exchanged pursuant to the Settlement Talks of September 2024. Notice issued returnable 15 January 2026; Addl.P.P. waived notice for Respondent Nos.1-2 and Mr. Niranjan Mundargi waived notice for Respondent No.4 (Crl.A. 1459/2025) / Respondent No.3 (Crl.A. 1522/2025). Interim directions: investigation to continue but no chargesheet qua Applicants without leave of the Court; LOC suspended if issued, suspension to be communicated to the Bureau of Immigration to enable travel to India; no coercive action till next date; Applicants to report to the concerned Police Station/Office on 5-6 January 2026 (Pamecha) and 13-14 January 2026 (Kumar); Commissioner of Police requested to appoint another ACP-rank Officer to look into the matter without reflection on the incumbent; affidavits-in-reply before next date. Stand over to 16 January 2026, tagged with Criminal Application No.1225 of 2025.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPLICATION NO.1459 OF 2025

Capt. Alok Kumar

… Applicant

V/s.

The State of Maharashtra Through Officer In-charge Police Station, Thane Nagar, Thane, Mumbai & Ors. … Respondents

Mr. Vikram Chaudhary, Senior Advocate (through VC) a/w Mr. Faran Khan, Ms. Swapnil Khatri, Mr. Amar Parab, Mr. Narendra Devansh, Ms. Vaishnavi Kambli and Mr. Darshil Shah i/b Ms. Swapnil Khatri & Mr. Kalpesh Joshi Associates for the the Applicant.

Mr. V.B. Konde Deshmukh, Addl. P.P. for the Respondent Nos.1 and 2- State.

Mr. Niranjan Mundargi a/w Mr. Joran Diwan i/b Diwan Law Associates for the Respondent No.4.

Mr. Shekhar Bagde, ACP, Crime-1, Thane City.

WITH CRIMINAL APPLICATION NO.1522 OF 2025

Manish Pamecha … Applicant

V/s.

The State of Maharashtra Through Officer In-charge Police Station, Thane Nagar, Thane, Mumbai & Ors. … Respondents

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Mr. Pranav Badheka, Senior Advocate, a/w Mr. Faran Khan, Ms. Swapnil Khatri, Mr. Amar Parab, Mr. Narendra Devansh, Ms. Vaishnavi Kambli and Mr. Darshil Shah i/b Ms. Swapnil Khatri for the Applicant.

Mr. V.B. Konde Deshmukh, Addl. P.P. for the Respondent No.1 and 2- State.

Mr. Niranjan Mundargi a/w Mr. Joran Diwan i/b Diwan Law Associates for the Respondent No.3.

CORAM : REVATI MOHITE DERE & SANDESH D. PATIL, JJ. DATE : 19^th DECEMBER 2025

P.C.

1. By the aforesaid Applicants, the Applicants therein, seek quashing of the F.I.R. registered vide C.R.No.0507 of 2025, registered with the Thane Nagar Police Station (now transferred to Search-I, Crime Branch, Thane City, EOW, Thane), for the alleged offences punishable under

Sections 3(5), 316, and 318(4) of the Bharatiya Nyaya Sanhita (“ BNS ”).

1. The premise, on which both the Applications are filed, is that the

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F.I.R. filed by the Complainant is mala fide, as there are already civil proceedings pending between the parties. It is further submitted that that there has been no exchange of monies between the parties, pursuant to the Settlement Talks of September, 2024, and hence, no offences as alleged are disclosed.

1. Having heard learned Senior Counsel for the Applicants, we issue notice to the Respondents, in both the aforesaid Applications, returnable on 15^th January 2026 .

1. Learned Addl.P.P. waives notice on behalf of Respondent Nos. 1 and 2 and Mr. Niranjan Mundargi, learned Counsel waives notice for the Respondent No.4 in Criminal Application No.1459 of 2025.

1. Spare copy of Criminal Application No.1459 of 2025 to be supplied in the Registry, within one week to enable the Registry to issue notice to the Respondent No.3-Bureau of Immigration. In addition to

the Court notice, learned Counsel for the Applicant to serve the said Respondent No.3 by private notice and file affidavit of service before the RvC 3/6

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next date.

As far as Criminal Application No.1522 of 2025 is concerned, learned Addl. P.P. waives notice on behalf of Respondent Nos.1 and 2 and Mr. Mundargi, learned Counsel waives notice on behalf of Respondent No.3.

Having heard the learned Counsel for the respective parties, in the meantime, till the next date, we direct the Police to continue with the investigation, however, not to file chargesheet, without the leave of this Court, qua the Applicants. We also suspend the LOC issued as against the Applicant in both the aforesaid Applications, if issued. The Police Authority to forthwith communicate the suspension of LOC to the Bureau of Immigration, if issued, to enable the parties to travel to India.

As far as the Applicant, in Criminal Application No.1522 of 2025, is concerned, learned Senior Counsel for the Applicant states that the said Applicant-Manish Pamecha will report to the concerned Police Station or concerned Office on 5^th and 6^th January 2026 from 10.00 a.m. RvC 4/6

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to 04.00 p.m. As far as the Applicant-Capt. Alok Kumar in Criminal Application No.1459 of 2025, is concerned, the learned Senior Counsel for the said Applicant states that the said Applicant will report to the concerned Officer on 13^th and 14^th of January 2026 from 10.00 a.m. to 04.00 p.m. Statements accepted.

1. We make it clear that no coercive action to be taken against either of the Applicants, till the next date.

Considering the submissions advanced by the parties, we request the Commissioner of Police to appoint another Officer of the rank of ACP, to look into the matter. We make it clear that the same shall not be a reflection on the Officer, i.e. ACP, presently carrying out the investigation.

Stand over to 16^th January 2026 . To be tagged along with Criminal Application No.1225 of 2025.

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1. Needless to state, that we expect that the investigation will be carried out fairly, impartially and in accordance with law.

Affidavit-in-Reply, if any, of the Respondents to be filed in the Registry before the next date.

(SANDESH D. PATIL, J.)

(REVATI MOHITE DERE, J.)

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RAJESH Digitally signed byRAJESH VASANT VASANT CHITTEWAN CHITTEWAN Date: 2025.12.2419:48:42 +0530