THE STATE OF MAHARASHTRAversusNITIN SACHCHIDANAND MIRWANKAR

                                                                         902 ALS 51-26 @.doc



                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        CRIMINAL APPELLATE JURISDICTION

                        APPLICATION FOR LEAVE TO APPEAL(STATE) NO. 51 OF 2026

                   The State of Maharashtra                                   ...Applicant
                               Versus
                   Mr. Nitin Sachchidanand Mirwankar                          ...Respondent

SNEHA                                                ****
NITIN              Ms. Sharmila Kaushik, APP for Applicant/State.
CHAVAN
                   Mr. Kishor Walanju for Respondent,
Digitally signed
by SNEHA NITIN
CHAVAN
                   PSI-R.D. Narsinge, Kopari Police Station, Thane present.
Date: 2026.08.28
19:45:43 +0530                                       ****

                                                  CORAM :      M.M. SATHAYE, J.
                                                    DATE :     28th AUGUST, 2026

                   P.C. :


                   1.             Heard learned APP for the Applicant/State and learned
                   Counsel for the Respondent Accused.


                   2.             By this application, the Applicant/State is seeking leave to file
                   appeal challenging judgment and order dated 14.11.2024 passed by
                   Additional Sessions Judge, Thane in Criminal Appeal No. 33 of 2023, by
                   which said appeal of Respondent-Accused is allowed and the conviction
                   as well as sentence under Order dated 06.12.2023 passed by Chief
                   Judicial Magistrate, Thane in S.C.C. No. 2085 of 2010 is quashed and
                   set aside thereby acquitting the Respondent from offence punishable
                   under Section 509 of Indian Penal Code,1860 (‘IPC’ for short).


                   3.             The informant lodged complaint alleging that on 03.12.2009
                   at about 10.45 a.m. she and her husband were present in their flat
                   when the Respondent Accused along with 2/3 persons came in the flat



                   Sneha Chavan                                                                1
                                                   902 ALS 51-26 @.doc



and abused the informant by saying “ तुम्ही येथे राहायला का आलात, तुम्ही येथे
राहायचे नाही, जर फ्लॅट बाबत सेटलमेंट करायची असेल तर आपण लॉज वर जाऊन
सेटलमेंट करू”.


4.             On the basis of such complaint, C.R No. 79 of 2009 was
registered for offence punishable under Section 509 of IPC.


5.             Investigation was carried out and chargesheet was filed. The
Respondent-Accused pleaded not guilty. The prosecution examined 3
witnesses viz. the informant as PW-1, her husband as PW-2 and the
Investigating Officer as PW-3.


6.             Learned Chief Judicial Magistrate, Thane by Order dated
06.02.2023 convicted the Respondent-Accused for the said offence
under Section 509 of IPC and sentenced him to pay fine of Rs. 2,000/-
and in default of payment of fine to undergo simple imprisonment of 5
days. The Respondent No. 1 filed Criminal Appeal No. 33 of 2023 which
is allowed under impugned order, acquitting the Respondent No. 1.


7.             Learned APP appearing for the Applicant/State contended that
the evidence of the witnesses, namely, the complainant and her husband
was properly appreciated by the learned Magistrate and conviction was
ordered; however, the evidence has been re-appreciated in perverse
manner resulting in acquittal. She submitted that leave is required to be
granted to challenge the order of acquittal.


8.             On the other hand, learned Counsel for the Respondent-
Accused has opposed the leave application contending inter alia that the
alleged offence is not proved beyond reasonable doubt and the



Sneha Chavan                                                             2
                                                  902 ALS 51-26 @.doc



ingredients are not at all made out. He submitted that the names of the
persons who accompanied the Accused are not stated by the Informant.
That there are no independent witnesses from the Society corroborating
the alleged incident. That this is a case where civil dispute was pending
between the informant, her husband and her mother-in-law and sister
in law. That this aspect was sought to be concealed by the complainant
in the examination-in-chief. He submitted that the Informant's husband
has admitted about existence of civil dispute. That the alleged
utterances of words were not such as to intend insult of modesty of the
woman. He submitted that at the relevant time when the incident
happened, the mother-in-law of the informant was alive and their
dispute was going on; however as on today, the Informant and her
husband is in possession of the flat and the matter requires quietus.


9.             I have considered the rival submissions and perused the
record.


10.            Alleged incident is of December 2009. The Respondent No. 1
was convicted in February 2023. He was then acquitted in appeal in
November 2024 and State has filed appeal/leave application in
December 2025.


11.            The Appeal Court has considered that the grievance of the
Informant was in respect of alleged illegal acts committed by the
Accused/Developer in connivance with managing committee of the
society. The Appeal Court has noted that according to Informant,
members like her had approached the Registrar of Co-operative
Societies and Municipal Corporation. Therefore, it appears that there
existed dispute between the Informant and the Accused in respect of the


Sneha Chavan                                                            3
                                                    902 ALS 51-26 @.doc



society functioning.
12.            The Appeal Court has found that the flat where the incident
took place was situated in redeveloped building and prior to
redevelopment the concerned room was standing in the name of father-
in-law of Informant, who had bequeath the room in favour of mother-
in-law and sister-in-law as well as her husband and this had led to a
civil dispute between them.


13.            The Appeal Court found that there are material contradictions
in the evidence led by the Informant. From the cross examination, it is
recorded by the Appeal Court that the informant was insisting for
transfer of the flat in the name of her husband; however, due to pending
civil litigation the Accused had not responded to such request.


14.            During evidence, the Informant tried to deny the existence of
pending civil dispute; however, perusal of the oral evidence of the
husband PW-2 indicates that he had admitted about pending civil
dispute. It has come on record through evidence of the Investigating
Officer that though the Informant mentioned in the complaint that
there were other persons with the Accused, their names were not given
by the informant. No independent witnesses are examined. PW2
husband is obviously an interested witness.


15.            The intended insult to modesty of woman in the alleged words
“आपण लॉज वर जाऊन सेटलमेंट करू" cannot be interpreted only to mean
‘the Accused and the Informant’. In the background of the civil dispute
pending between parties, it can also mean that the Respondent Accused
intended to say that the dispute can be settled between concerned
parties.


Sneha Chavan                                                              4
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16.            On overall consideration of the evidence, the view taken by
the Appeal Court that the alleged offence is not proved beyond
reasonable doubt, cannot be faulted. As such, the Applicant/State has
not made out any case for the grant of leave.


17.            The application is accordingly rejected. Leave is refused.




                                              (M.M. SATHAYE, J.)




Sneha Chavan                                                                5