Devinder Devraj Ghai vs State of Maharashtra and Anr. — Bombay HC (2026) — LawSathi Research

Devinder Devraj Ghai vs State of Maharashtra and Anr. — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Petition disposed with directions: (i) the parties may appear before the learned Magistrate on 27 April 2026 and invite attention to the order dated 31 July 2025 passed by this Court in Writ Petition No. 2110 of 2025; (ii) the learned Magistrate is requested to hear and decide the Section 145 CrPC proceedings and pass appropriate orders in accordance with Section 145, as expeditiously as possible, preferably on or before 15 May 2026.

Issue for consideration

Whether the pendency of the Application under Section 145 CrPC (initiated on 4 August 2023 at the instance of the Senior Inspector of Police, Khar Police Station), undecided by the learned Magistrate despite repeated requests, causes grave prejudice to the Petitioner and warrants directions for its expeditious decision.

Court's answer

The parties may appear before the learned Magistrate on 27 April 2026 and invite attention of the learned Magistrate to the order dated 31 July 2025 passed by this Court in Writ Petition No. 2110 of 2025.

Ratio / Principle

The learned Magistrate is requested to hear and decide the Section 145 proceedings and pass appropriate orders in accordance with the provisions of Section 145 of the Code, as expeditiously as possible and, preferably, on or before 15 May 2026.

Detailed headnote1 paragraphs

Writ Petition No. 306 of 2026, High Court of Judicature at Bombay (N. J. Jamadar, J.), Oral Order dated 24 April 2026 — Devinder Devraj Ghai v. State of Maharashtra & Anr. The Petitioner, aggrieved by the continued pendency before the learned Magistrate of an application under Section 145 CrPC initiated at the instance of the Senior Inspector of Police, Khar Police Station on 4 August 2023 — an earlier order issuing summons to the parties having already been set aside by this Court on 31 July 2025 in Writ Petition No. 2110 of 2025, with a direction to the Magistrate to apply his mind and exercise powers strictly in conformity with Section 145(1) — sought decision of the pending application. Noting that the proceeding is listed on 27 April 2026, the Court directed that the parties may appear on that date and invite the Magistrate's attention to the order dated 31 July 2025, and requested the learned Magistrate to hear and decide the proceedings in accordance with Section 145 CrPC as expeditiously as possible, preferably on or before 15 May 2026. Petition disposed.

26-WP-306-2026.DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

WRIT PETITION NO. 306 OF 2026

Devinder Devraj Ghai ..Petitioner Versus State of Maharashtra and Anr …Respondents

..Petitioner

Mr. Amit Desai, Senior Advocate, with Gopalkrishna Shenoy, i/b Dimple Shah, for the Petitioner.

Mr. P. P. Malshe, APP, or the Respondent-State.

Mr. Juzer Udaipuri, with Sofia Udaipuri and Firdaus Udaipuri, for Respondent No.2.

Mr. Umer Khan, PSI, Khar Police Station present.

CORAM: N. J. JAMADAR, J. DATE : 24^th APRIL 2026

ORAL ORDER:

Heard the learned Counsel for the parties.

ARUN RAMCHANDRA SANKPAL

Digitally signed by ARUN RAMCHANDRA SANKPAL Date: 2026.04.24 16:21:43 +0530

The Petitioner is aggrieved by the very pendency of the Application under Section 145 of the Code of Criminal Procedure Code, 1973 (“the Code”), initiated at the instance of the Senior Inspector of Police, Khar Police Station on 4^th August 2023.

The order of issue of summons to the Petitioner and Respondent No.2 as Party No.1 and Party No.2 to the said proceedings was challenged before this Court. By an order dated 31^st July 2025 in Writ Petition No. 2110 of 2025, the said order was set aside with a direction

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26-WP-306-2026.DOC

to the learned Magistrate to apply his mind and exercise powers strictly in conformity with the provisions of Section 145 (1) of the Code.

It is the grievance of the Petitioner that despite repeated request the said Application is not being decided by the learned Magistrate and the very pendency of the Application is causing grave prejudice to the Petitioner.

The Court is informed that the said proceeding under Section 145 of the Code is listed before the learned Magistrate on 27^th April 2026.

The parties may appear before the learned Magistrate on 27^th April 2026 and invite attention of the learned Magistrate to the order dated 31^st July 2025 passed by this Court in Writ Petition No. 2110 of 2025.

The learned Magistrate is requested to hear and decide the proceedings and shall pass appropriate orders in accordance with the provisions contained in Section 145 of the Code, as expeditiously as possible and, preferably, on or before 15^th May 2026.

Petition disposed.

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