ATUL AMRITLAL RANA AND ANRversusTHE STATE OF MAHARASHTRA

                                                                       37. APL 1548-2026 (speaking).doc



                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CRIMINAL APPELLATE JURISDICTION

                                       CRIMINAL APPLICATION NO. 1548 OF 2026

                      Atul Amritlal Rana & anr.                              .Applicants

                                 Vs.

                      The State of Maharashtra                               .Respondent

                      Mr. Shirish Gupte, Senior Advocate a/w. Ms. Rachita Dhuru i/b. Tamsin
         Digitally
         signed by
                      Monis, for the Applicants
         ANAND
ANAND    SUDHAKAR     Mr. Amit A. Palkar, APP, for the Respondent – State
SUDHAKAR SUDAME
SUDAME   Date:
         2026.09.30
                      Mr. Satyajit Virnodkar, PSI, Goregaon Police Station, Mumbai present
         19:02:15
         +0530


                                           CORAM : MILIND N. JADHAV, J.

                                           DATE    : 22.09.2026
                      P. C.

                      1.      Heard Mr. Gupte, learned Senior Counsel for the Applicants and

                      Mr. Palkar, learned APP for the Respondent – State.

                      2.      The Application seeks quashing of the order dated 09.06.2026 by

                      virtue of which notwithstanding “C” Summary Report filed by the

                      police on the basis of the fair assistance of the evidence during

                      investigation, the learned Magistrate has directed the complaint and

                      the investigation to proceed in view of the fact that the Complainant is

                      a Government servant. The lis in the matter is such that the parties had

                      gone for rectification with regard to the Development Agreement in

                      question. Once the police have found on investigation, there is no


                      Anand                             1 of 2   (corrected vide order dtd. 29.09.2026)
                                                         37. APL 1548-2026 (speaking).doc

element of breach of trust prima facie emanating from the documents

without assigning any reason whatsoever merely on the ground that

the Complainant is a Government servant, the said order has been

passed. The “C” Summary Report which has been filed is at page No.

30. I have perused the same. Substantial cognizance has been taken of

the entire material and I prima facie do not find any reason to

intervene therein.

3.      In that view of the matter, the order dated 09.06.2026 passed by

the Judicial Magistrate, First Class, 67 th Court, Borivali, Mumbai below

Exh.1 in CC No. 2107/MISC/2025 stands quashed & set aside.

4.      In view of the above matter, the present Application deserves to

be allowed. It is so allowed in terms of prayer clauses ‘a’ and ‘b’ which

read thus:-

           “a)   This Hon’ble Court be further pleased to quash and set aside the order
                 dated 09.06.2026 passed by the Hon’ble Judicial Magistrate, First Class,
                 67th Court, Borivali, Mumbai (“the Learned Magistrate”), below Exh. 1 in
                 C. C. No. 2107/MISC/2025 invoking this Hon’ble Court’s jurisdiction
                 under Sections 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 to
                 give effect to the provisions of the BNSS and to secure the ends of justice.
           b)    This Hon’ble Court be further pleased to accept the C-Summary Final
                 Report filed by Goregaon Police Station in FIR No. 495 of 2022 qua the
                 Applicants and discharge/release the Applicants from the proceedings in
                 C. C. No. 2107/MISC/2025 or any proceedings arising out of it.”

5.      The Criminal Application is allowed and disposed.


                                                            (MILIND N. JADHAV, J.)




Anand                                    2 of 2   (corrected vide order dtd. 29.09.2026)