Gulamabbas Mohmedali Muni v. State of Maharashtra and Anr.

Bombay HC13 Jan 2025WP/366/2024

Case brief

AI extract

What is this about?

Look Out Notice / LOC quashing; Nodal Cyber Police Station Mumbai; C.R. No.4 of 2023; bail granted 10 January 2024 with condition not to leave India without prior permission of Court; charge-sheet filed 29 May 2024; Look Out Notice stayed 16 February 2024; police undertaking to withdraw Notice within 72 hours; statement of Addl. P.P. accepted; writ petition disposed; Bombay High Court Criminal Appellate Jurisdiction; Writ Petition 366 of 2024; petitioner Gulamabbas Mohmedali Muni; respondents State of Maharashtra; bench Revati Mohite Dere and Dr. Neela Gokhale; decided 28 January 2025.

What did the court decide?

Petition disposed of on the strength of the Additional Public Prosecutor's accepted undertaking that the Look Out Notice will be withdrawn by the police forthwith and in any event within 72 hours. ¶para 4

Gulamabbas Mohmedali Muni vs State of Maharashtra and Anr. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petition disposed of on the strength of the Additional Public Prosecutor's accepted undertaking that the Look Out Notice will be withdrawn by the police forthwith and in any event within 72 hours.

¶para 4

Issue for consideration

Whether the Look Out Notice issued at the behest of Nodal Cyber Police Station, Mumbai, against the petitioner in connection with C.R. No.4 of 2023 ought to be quashed and set aside, in light of the petitioner's bail dated 10 January 2024 (with a condition not to leave India without prior permission of the Court), the filing of the charge-sheet on 29 May 2024, and the earlier stay of the Notice by this Court on 16 February 2024.

¶para 1

Court's answer

In view of the statement made on instructions by the learned Additional Public Prosecutor that the Look Out Notice will be withdrawn by the police forthwith and in any event within 72 hours, the Court accepted the statement and held that nothing survives for further consideration in the petition.

¶para 3

Ratio / Principle

On the basis of that accepted statement, nothing survived for further consideration and the petition stood disposed of accordingly.

¶para 4

Key takeaways

All concerned were directed to act on the authenticated copy of the order.obiter¶para 5

Detailed headnote1 paragraphs

Bombay High Court (Revati Mohite Dere & Dr. Neela Gokhale, JJ.) disposed of Criminal Writ Petition No.366 of 2024 by which the petitioner sought quashing of a Look Out Notice issued at the behest of Nodal Cyber Police Station, Mumbai, in connection with C.R. No.4 of 2023. Learned counsel pointed out that the petitioner had been released on bail on 10 January 2024 subject to the condition that he not leave India without prior permission of the Court, that the charge-sheet was filed on 29 May 2024, and that the Look Out Notice had already been stayed by this Court on 16 February 2024. The Additional Public Prosecutor, on instructions of the Nodal Cyber Police Station, undertook that the Look Out Notice would be withdrawn by the police forthwith and in any event within 72 hours; the statement was accepted and, nothing surviving for consideration, the petition was disposed of.

¶1

NISHA Digitally signed by NISHA SANDEEP SANDEEP CHITNISDate: 2025.01.30 14:47:36 CHITNIS +0530

¶2

907-wp.366.2024.doc

¶3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

¶4

CRIMINAL WRIT PETITION NO.366 OF 2024

¶5

Gulamabbas Mohmedali Muni ... Petitioner Versus State of Maharashtra and Anr. ...Respondents

¶6

Mr. Niranjan Mundargi a/w Mr. Nikhil Waje, Mr. Prem Gada, Mr. Vishesh Shrivastav and Ms. Keral Mehta for the Petitioner.

¶7

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

¶8

Police Constable - Yuvraj Gharat from Nodal Cyber Police Station, is present.

¶9

CORAM : REVATI MOHITE DERE & DR. NEELA GOKHALE, JJ.

¶10

DATE : 28^th JANUARY 2025

¶11

P.C. :

¶12

By this petition, the petitioner seeks quashing and setting

¶13

aside of the Look Out Notice, issued at the behest of the Nodal Cyber

¶14

Police Station, Mumbai, against the petitioner in connection with C.R.

No.4 of 2023.

1/3

N. S. Chitnis

907-wp.366.2024.doc

Learned counsel for the petitioner states that the petitioner

¶20

was granted bail on 10^th January 2024 in the aforesaid C.R.on certain terms and conditions stipulated therein i.e. ‘the applicant / accused shall not leave India without prior permission of the Court’. He submits that charge-sheet has also been filed in the aforesaid C.R. on 29^th May 2024. He submits that in view of the aforesaid, the question of continuation of the Look Out Notice does not arise. He submits that even otherwise, the Look Out Notice was stayed by this Court on 16^th February 2024.

¶21

Mr. Konde-Deshmukh, learned Additional Public Prosecutor, on instructions of Mr. Yuvraj Gharat from Nodal Cyber Police Station, Mumbai, states that the Look Out Notice will be withdrawn by the police forthwith and in any event within 72 hours from today. Statement accepted.

2/3

N. S. Chitnis

907-wp.366.2024.doc

In view of the statement made by the learned Additional Public Prosecutor, on instructions, nothing survives for further consideration in this petition. The petition stands disposed of accordingly.

¶26

All concerned to act on the authenticated copy of this order.

¶27

DR. NEELA GOKHALE, J. REVATI MOHITE DERE, J.

¶28

3/3

¶29

N. S. Chitnis

Gulamabbas Mohmedali Muni v. State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

Gulamabbas Mohmedali Muni v. State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Jay Kowli vs Secretary General, Boxing Federation of India

Bharat Pandurang Kadam and 47 Ors. vs Mumbai Ports Authority(Formerly Known as the Board of Trustees of the Port of Mumbai)

Madhu Pandit Dasa vs the Charity Commissioner

Islahuzzama Salahuddin Ansari vs State of Maharashtra through Department of Medical Education

Sajid Ur Rehman Siddique vs the State of Maharashtra and Ors.

Mallaapa Janappa Bansode vs the State of Maharashtra and Ors.