Mitheel Bharat Mody vs State Of Maharashtra And Anr
2023 Latest Caselaw 2197 Bom

                                                            27-wp-4128-2022.doc


 VRJ
          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CRIMINAL APPELLATE JURISDICTION

                       WRIT PETITION NO.4128 OF 2022

 Mitheel Bharat Mody                           ... Petitioner
            V/s.
 State of Maharashtra and Anr.                 ... Respondents


 Mr. Aabad Ponda, Senior Advocate with Karma Vivan
 for the petitioner.
 Mr. A.R. Patil, APP for the respondent No.1/State.

                                CORAM    : AMIT BORKAR, J.

                                DATED    : MARCH 6, 2023
 P.C.:

1. Issue notice to the respondent No.2, returnable on 3rd April 2023.

2. Relying on the un-reported judgment of this Court in Criminal Writ Petition No.3612 of 2021 with Criminal Writ Petition No.6446 of 2021 in the case of Hari Nair Vs. The State of Maharashtra And Anr., decided on 4th August 2022, it is submitted that the facts situation of the said case are similar to the facts situation of the present case.

3. According to the learned Senior Advocate, on the date of cause of action, the applicant was not employee which can be demonstrated from the material on record. Moreover, he relied on three judges decision in the case of Girdhari Lal Gupta Vs. D.N.

27-wp-4128-2022.doc

Mehta, reported in (1971) 3 SCC 189 and K.K. Ahuja Vs. V.K. Vora And Another, reported in (2009) 5 SCC 48.

4. In view of the aforesaid submission, there shall be ad-interim relief in terms of page 16-e till 3rd April 2023, qua petitioner only.

(AMIT BORKAR, J.)