Rajan Lilaram Gurnani and Anr. vs State of Maharashtra and Anr. — Bombay HC (2026) — LawSathi Research

Rajan Lilaram Gurnani and Anr. vs State of Maharashtra and Anr. — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Leave to withdraw the Petition unconditionally granted; clarified that all contentions of both sides remain open before the Trial Court (JMFC, 8th Court, Esplanade, Mumbai) to be decided on merits; no substantive relief on the quashing prayer.

Issue for consideration

Whether the Court should quash, by appropriate writ, FIR No.75 of 2007 registered under the provisions of Section 509 & 34 by Respondent No.1 at the instance of Respondent No.2, along with the case arising out of the same pending before the Trial Court.

Court's answer

All contentions of the Petitioners as well as the prosecution before the Trial Court in the case bearing No. PS/3700363/2007 are left open, to be considered by the Trial Court on its own merits and in accordance with law.

Ratio / Principle

Leave granted to the Petitioners to withdraw the Petition unconditionally, in view of the request of their learned Senior Advocate and with no objection from the State.

Key takeaways

Writ Petition No.3221 of 2025 is dismissed as withdrawn; consequently the quashing issue is not decided by this Court on merits.ratio¶18

Detailed headnote1 paragraphs

Criminal Writ Petition (Bombay High Court, Criminal Appellate Jurisdiction, Ashwin D. Bhobe, J., 23 February 2026) seeking quashing of FIR No.75 of 2007 registered under provisions of Section 509 & 34 by Respondent No.1 at the instance of Respondent No.2, and of the case arising out of it (No. PS/3700363/2007) pending before the Judicial Magistrate First Class, 8th Court, Esplanade, Mumbai, was DISMISSED AS WITHDRAWN: after hearing for some time, Petitioners' Senior Counsel Mr. Sudeep Pasbola, on instructions, craved unconditional withdrawal; the State APP (Mr. Tanveer T Khan) did not object; leave was granted and it was expressly clarified that ALL CONTENTIONS OF THE PETITIONERS AS WELL AS THE PROSECUTION ARE LEFT OPEN before the Trial Court, to be considered on its own merits and in accordance with law. No precedent cases were cited or engaged; no substantive view was taken on the quashing question.

Digitally signed by LAXMIKANT LAXMIKANT GOPAL CHANDAN GOPAL Date: CHANDAN 2026.02.23 18:00:27 +0530

(28) WP-3221.25.DOCX

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

CRIMINAL WRIT PETITION NO.3221 OF 2025

Rajan Lilaram Gurnani and anr. : Petitioners versus The State of Maharashtra and anr. : Respondents ______________________________________________________ Mr. Sudeep Pasbola, Senior Advocate a/w Adv. Bharat Mirchandani and Adv. Talib Kalandan i/by Mirchandani Advocates & Co. for the Petitioners.

Mr. Tanveer T Khan, APP for the Respondent/State. PSI Bhagwan of Colaba Police Station, Mumbai present.

CORAM : ASHWIN D. BHOBE, J. DATED : 23 FEBRUARY 2026

PC:-

By the present Petition the Petitioners have sought for the following substantive prayer :-

“(a) that this Hon’ble Court be pleased to issue appropriate writ, order and direction directing the quashing of the FIR being FIR No.75 of 2007 registered under the provisions of Section 509 & 34 registered by the Respondent No.1 at the instance of the Respondent No.2 along with the case arising out of the same being Case No.75 of 2007 pending to the filing of the present Petition on such terms as this Hon’ble Court may deem fit and proper.”

After having heard the matter for some time, Mr. Sudeep

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(28) WP-3221.25.DOCX

Pasbola, the learned Senior Advocate for the Petitioners, on instructions, craves leave to unconditionally withdraw this Petition.

Mr. Tanveer Khan, learned APP for the Respondent/State, does not object to the request for withdrawal.

In view of the request made by Mr. Sudeep Pasbola, learned Senior Advocate for the Petitioners, leave granted to withdraw this Petition.

The Writ Petition No.3221 of 2025 is dismissed as withdrawn.

At the request of Mr Sudeep Pasbola, learned Senior Advocate for the Petitioners, it is clarified that all contentions of the Petitioners as well as the prosecution before the Trial Court in the case bearing No. PS/3700363/2007 pending before the Judicial Magistrate First Class, 8^th Court, Esplanade, Mumbai are left open, to be considered by the Trial Court on its own merits and in accordance with law.

(ASHWIN D. BHOBE, J.)

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