Anuya Vinay Bahulekar vs the State of Maharashtra and Anr. — Bombay HC (2025) — LawSathi Research

Anuya Vinay Bahulekar vs the State of Maharashtra and Anr. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Both Interim Applications (Nos. 5181 of 2024 and 4546 of 2023 in Writ Petition No. 243 of 2022) disposed of, with the observation that the learned Judicial Magistrate, First Class, Ulhasnagar shall ensure that its Registry complies with the directions in Clause III of the order dated 26th April, 2023 (handover of cheques to Smt.Anuya Vinay Bahulekar and Shri Vaibhav Arvind Bahulekar and payment of the balance with interest, if any, to the Petitioner) within a period of 15 days.

Issue for consideration

Scope of the order dated 26th April, 2023 in Criminal Writ Petition No. 243 of 2022 — whether it was passed strictly in relation to the crime number mentioned in paragraph 1 of that order, with the payment of the amount and the return of the remaining amount governed by Clause III thereof. +1 more

Court's answer

The order dated 26th April, 2023 in Criminal Writ Petition No. 243 of 2022 was passed strictly in relation to the crime number mentioned in paragraph 1 of that order.

Ratio / Principle

The payment of the amount and the return of the remaining amount are clearly set out in Clause No. III of the said order dated 26th April, 2023.

Key takeaways

Both interim applications are disposed of with the observation that the learned Judicial Magistrate, First Class, Ulhasnagar shall ensure that its Registry complies with the said directions within a period of 15 days.ratio¶¶36

Detailed headnote1 paragraphs

Bombay High Court, Criminal Appellate Jurisdiction (Gautam A. Ankhad & Ravindra V. Ghuge, JJ.) — Interim Application No. 5181 of 2024 (Applicant: Smt. Anuya Vinay Bahulekar) and Interim Application No. 4546 of 2023 (Applicant: Rahul Shravankumar Bagaria), both in Writ Petition No. 243 of 2022, State of Maharashtra & Ors. — The Court perused its order dated 26th April, 2023 passed in Criminal Writ Petition No. 243 of 2022, whereby the writ petition stood allowed in terms of prayer clause (a) seeking quashing of FIR No. I- 71/11 (Shivajinagar Police Station, Ambernath, Dist Thane) and Case No. 807 of 2013 pending before the Ld. JFMC, Ulhasnagar after filing of the charge-sheet; Clause (II) required deposit of Rs.10,000/- with the Legal Services Authority, Thane, and Clause (III) directed the JMFC Ulhasnagar to hand over cheque for Rs. 28,00,000/each to Smt. Anuya Vinay Bahulekar and Shri Vaibhav Arvind Bahulekar and to pay the balance lying in deposit, with interest if any, to the Petitioner. Held: the said order was passed strictly in relation to the crime number mentioned in paragraph 1 thereof, and the payment of the amount and return of the remaining amount are clearly set out in Clause No. III. Both applications disposed of, observing that the learned Judicial Magistrate, First Class, Ulhasnagar shall ensure that its Registry complies with the said directions within 15 days.

Digitally signed by TRUPTI TRUPTI SADANAND SADANAND BAMNE BAMNE Date: 2025.08.20 15:21:50 +0530

Trupti

27-ia-5181 7 4546

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

INTERIM APPLICATION NO. 5181 OF 2024 IN

WRIT PETITION NO. 243 OF 2022

Smt.Anuya Vinay Bahulekar … Applicant

IN THE MATTER BETWEEN

Rahul Shravankumar Bagaria … Petitioner

versus

State of Maharashtra & Ors. … Respondents

WITH INTERIM APPLICATION NO. 4546 OF 2023 IN WRIT PETITION NO. 243 OF 2022

Rahul Shravankumar Bagaria … Applicant

versus

State of Maharashtra & Ors. … Respondents

Mr.Sahil Mahajan with Ms.Siddhi Patil for the Applicant in IA No. 5181 of 2024.

Mr.Siddharth Jha with Mr.Subhash Jha and Mr.Sumeet Upadhyay i/b. Law Global Advocates for the Applicant in IA No. 4546 of 2023.

Mr.Y.Y.Dabake, APP for the Respondent -State.

P.C.:-

Heard the learned Advocates for the respective sides.

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Trupti

27-ia-5181 7 4546

Perused the order dated 26^th April, 2023 passed in Criminal Writ Petition No. 243 of 2022. In the first paragraph of the order, the crime number is mentioned. There is no dispute that this order was passed strictly in relation to the said crime number.

In the above backdrop, we have perused the operative part of the order, which reads as under:

“ORDER

(I) Writ Petition is allowed in terms of prayer clause (a) which reads as follows:-

“(a) that this Hon’ble Court may be pleased to call for the investigation papers concerning FIR No. I- 71/11 from Shivajinagar Police Station, Ambernath, Dist Thane and after examining the legality, validity and/or propriety of the said FIR being in vogue as well as Case No. 807 of 2013, pending in the court of the Ld. JFMC, Ulhasnagar after filing of the charge-sheet, may be pleased to quash and set aside the same.”

(II) The Petitioner shall pay and deposit an amount of Rs.10,000/- in the account of Legal Services Authority, Thane within a period of four weeks from the date of order, failing which this order shall automatically stand cancelled and Petition shall be placed before the Court for further directions.

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Trupti

27-ia-5181 7 4546

(III) Judicial Magistrate First Class, Ulhasnagar, before whom criminal proceeding of Case No. 807 of 2013 is pending, shall direct to hand over cheque for Rs. 28,00,000/each to Smt.Anuya Vinay Bahulekar and Shri Vaibhav Arvind Bahulekar and balance of the amount lying in the deposit with the Court shall be paid together with interest, if any, to the Petitioner, Rahul Shravankumar Bagaria within a reasonable period of time, not more than four weeks from the date of order.

(IV) Writ Petition is disposed of in the aforesaid terms.”

It is clear to us that the said order has been passed with reference to the crime number mentioned in paragraph 1 of this Court’s order dated 26^th April, 2023, and that the payment of the amount and the return of the remaining amount, are clearly set out in Clause No. III, reproduced hereinabove.

In view of the above, both these Applications are disposed off with the observation that the learned Judicial Magistrate, First Class, Ulhasnagar shall ensure that its Registry complies with the said directions,

within a period of 15 days from today.

(GAUTAM A. ANKHAD, J.)

(RAVINDRA V. GHUGE, J. )

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