Javed Raza Shroff vs The State Of Maharashtra And Anr
2023 Latest Caselaw 18 Bom

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