Yashwant Chunilal Mody and Ors. vs the State of Maharashtra and Anr. — Bombay HC (2025) — LawSathi Research

Yashwant Chunilal Mody and Ors. vs the State of Maharashtra and Anr. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Notice issued to Respondent No. 2, returnable on 10 October 2025; private notice allowed with service affidavit to be filed; Petitioners, having appeared before the trial Court, to furnish the bail formalities, whereafter the learned Judge to exempt them.

Issue for consideration

Whether notice was required to be issued to the proposed accused prior to issuance of process, the Petitioners contending that the provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023 become applicable in pursuance of the issuance of the process and that notice to the proposed accused was not issued.

Court's answer

The order of the JMFC Borivali does not mention that notice was issued to the proposed accused prior to the issuance of process; acting on that submission alone at this juncture, the Court issued notice to Respondent No. 2, returnable on 10 October 2025.

Detailed headnote1 paragraphs

Bombay High Court, Criminal Appellate Jurisdiction (S. M. Modak, J.), Criminal Writ Petition No. 4499 of 2025, decided 22 August 2025 (interim). The JMFC Borivali had issued process on 19.11.2024 against the Petitioners for offences punishable under Sections 3(f),(i),(j), 5, 6, 11 read with 13 and 14 of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 ('MOFA Act'), on a complaint dated 07.05.2024 (page 35). Counsel for the Petitioners (Senior Advocate Girish Kulkarni) argued lack of necessary averments in the complaint, absence of involvement of accused no. 3-Sanjay, winding up of the Company, and - the point on which the Court acted - that since the provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023 become applicable in pursuance of issuance of process, notice ought to have been given to the proposed accused before issuance of process and was not. Reading the trial Court's order and finding it silent on prior notice, the Court issued notice to Respondent No. 2 returnable on 10 October 2025, allowed private notice with service affidavit, and directed the Petitioners (who have appeared before the trial Court) to furnish bail formalities, following which the learned Judge to exempt them. Petition not finally decided; remaining submissions open.

10 Wp-4499-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

CRIMINAL WRIT PETITION NO. 4499 OF 2025

Yashwant Chunilal Mody And Ors.

...Petitioners

Vs.

The State of Maharashtra and Anr.

...Respondents

	*****
Senior Advocate Shri	Advocate for the Petitioners
Girish Kulkarni i/by Adv. Omkar Ghag
Smt. G. S. Rao	APP for the Respondent-State
	*****
CORA	M : S. M. MODAK, J.
DATE	: 22^ndAUGUST 2025

P. C. :-

Heard learned Senior Advocate Shri Kulkarni for the Petitioners.

The Court of the JMFC Borivali has issued process against these Petitioners for the offence punishable under Sections 3(f),(i),(j), 5, 6, 11 read with 13 and 14 of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and

Transfer) Act, 1963 (‘MOFA Act’). It was issued on 19.11.2024. A

Digitally signed SEEMA by SEEMAKSHITIJ YELKAR KSHITIJ Date: YELKAR 2025.08.2620:04:33 +0530

1/2

Seema

10 Wp-4499-2025.doc

copy of the complaint dated 07.05.2024 is on page no. 35. He made various submissions on the point of lack of the necessary averments in the complaint, absence of any involvement of accused no. 3-Sanjay and the present status of the Company is wound up. He also made submissions that in pursuance to the issuance of the process, the provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023 will be applicable, notice to the proposed accused was not issued.

At this juncture, I am issuing notice on the last submission. I read the order. It does not mention that notice was issued to the proposed accused prior to the issuance of process to the proposed accused. Hence, issue notice to the Respondent No. 2 returnable on

th 10 October 2025 .

Additionally, private notice is allowed and service affidavit be filed.

The Petitioners have appeared before the trial Court. Let them furnish the bail formalities. Once it is over, learned Judge to exempt them.

2/2

Seema