NISHA Digitally signed by NISHA
SANDEEP CHITNIS
SANDEEP Date: 2023.01.04
CHITNIS 15:45:47 +0530
30-wpst.20776.2022.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION (STAMP) NO.20776 OF 2022
Javed Raza Shroff ...Petitioner
Versus
State of Maharashtra and Anr. ...Respondents
Mr. Manoj Mohite, Senior Advocate a/w Mr. P. K. Sanghrajka, for the
Petitioner.
Mr. J. P. Yagnik, A.P.P for the Respondent No.1- State.
Mr. Satish Muley a/w Mr. Mosin Naik and Mr. Zaki Shaikh, for the
Respondent No.2.
CORAM : REVATI MOHITE DERE &
PRITHVIRAJ K. CHAVAN, JJ.
DATE : 2nd JANUARY 2023 P.C. :
1. Heard learned senior counsel for the petitioner.
2. Learned senior counsel for the petitioner submits that the allegations as against the petitioner are false and baseless. He submits that the respondent No.2 was terminated from service on 7 th September 2021. He submits that the incident is alleged to have taken place sometime in August 2021 whereas the complaint was lodged as N. S. Chitnis 1/2 30-wpst.20776.2022.doc against the petitioner only on 19 th November 2022, after more than one year. Learned senior counsel relied on the Judgment of the Apex Court in the case of Hitesh Verma v/s The State of Uttarakhand and Another1 to show that the incident in question has not taken place in public view and that the persons alongwith the complainant were all workers/friends of the respondent No.2.
3. Issue notice to the respondents. Learned A.P.P waives notice on behalf of respondent No.1 - State and seeks time to take instructions. Mr. Muley waives notice on behalf of respondent No.2.
4. Stand over to 30th January 2023. Having heard the learned counsel for the petitioner, in the meantime, till the next date, investigation to continue, however, charge-sheet shall not be filed in the said case, without the leave of this Court, qua the petitioner. PRITHVIRAJ K. CHAVAN, J. REVATI MOHITE DERE, J. 1 Cr. Appeal No.707 of 2020 dated 5th November 2020.
N. S. Chitnis 2/2