Abhishek Kiritkumar Gandhi vs State of Maharashtra and Anr. — Bombay HC (2025) — LawSathi Research

Abhishek Kiritkumar Gandhi vs State of Maharashtra and Anr. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to the petitioners to file appropriate proceedings before the appropriate Court, including to challenge the order issuing processes dated 2nd January 2024, within two weeks; the interim order dated 3rd April 2025 to operate in their favour till then; Interim Application No. 4556 of 2024 also stands disposed of.

Issue for consideration

Whether the criminal writ petition challenging the registration of the FIR under sections 498-A, 182 and 211 IPC and the order dated 2nd January 2024 issuing processes in Regular Criminal Case No. 115 of 2023 is entertainable before this Court, having regard to Rule 2(II)(h) under Chapter-I of the Bombay High Court Appellate Side Rules, 1960 and the subject allocation.

Court's answer

Having regard to Rule 2(II)(h) under Chapter-I of the Bombay High Court Appellate Side Rules, 1960 and the subject allocation, the writ petition cannot be entertained by this Court.

Ratio / Principle

The petition is disposed of with liberty to the petitioners to file appropriate proceedings before the appropriate Court, including liberty to challenge the order issuing processes against them within a period of two weeks.

Key takeaways

Until the expiry of the said two-week period, the interim order dated 3rd April 2025 shall continue to operate in favour of the petitioners.ratio¶22

Detailed headnote1 paragraphs

Criminal Writ Petition (Bombay High Court, Coram: Shree Chandrashekhar, CJ & Gautam A. Ankhad, J.; decided 19.11.2025) challenged the registration of an FIR against the petitioners for offences under sections 498-A, 182 and 211 IPC and the order dated 2nd January 2024 issuing processes in Regular Criminal Case No. 115 of 2023; counsel relied on Criminal Appeal No. 283 of 2023 wherein the Additional Sessions Judge, Nashik had found no incident of domestic violence. Held: having regard to Rule 2(II)(h) under Chapter-I of the Bombay High Court Appellate Side Rules, 1960 and the subject allocation, the petition could not be entertained; it was disposed of with liberty to institute appropriate proceedings before the appropriate Court, including a challenge to the process-issuing order within two weeks, during which the interim order dated 3rd April 2025 would continue to operate. Interim Application No. 4556 of 2024 was also disposed of.

PDP

51-Cri.WP-4342-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 4342 OF 2025 WITH

INTERIM APPLICATION NO. 4556 OF 2024

Abhishek Kiritkumar Gandhi & Anr.

.. Petitioners

Versus

State of Maharashtra & Anr.

.. Respondents

...

Mr. K. K. Gandhi, Advocate for the Petitioners.

Mr. J. P. Yagnik, Additional Public Prosecutor for Respondent No.1State.

Mr. Saurabh Raut, Advocate for Respondent No.2.

...

CORAM : SHREE CHANDRASHEKHAR, CJ & GAUTAM A. ANKHAD, J.

DATE : 19^th NOVEMBER 2025.

P.C. :

One of the prayers in this writ petition is relating to the order dated 2^nd January 2024 issuing processes to the accused-petitioners in Regular Criminal Case No.115 of 2023. The learned counsel for the petitioners refers to the judgment in Criminal Appeal No. 283 of 2023 and submits that the Court of Additional Sessions Judge at Nashik has recorded a finding that there was no incident of domestic violence. The learned counsel for the petitioners has raised manifold grounds to challenge the registration of the First Information Report against the petitioners for the offence under sections 498-A, 182 and 211 of the Indian Penal Code.

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51-Cri.WP-4342-2025.doc

PDP

However, having regard to Rule 2(II)(h) under Chapter-I of the Bombay High Court Appellate Side Rules, 1960 and the subject allocation, this petition cannot be entertained and the same is disposed of with liberty to the petitioners to file appropriate proceedings before the appropriate Court including a liberty to challenge the order issuing processes against the petitioners within a period of two weeks and till then the interim order dated 3^rd April 2025 shall operate in their favour.

Writ Petition No. 4342 of 2024 is disposed of accordingly.

Interim Application No. 4556 of 2024 also stands disposed of.

[GAUTAM A. ANKHAD, J.] [CHIEF JUSTICE]

Digitally signed by PRAVIN PRAVINDASHARATHPANDIT DASHARATHPANDITDate:2025.11.19 18:15:25 +0530

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