NAINA ATUL RANA AND ANRversusTHE STATE OF MAHARASHTRA

                                                                            P1. APL 1559-2026.doc



                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CRIMINAL APPELLATE JURISDICTION

                                     CRIMINAL APPLICATION NO. 1559 OF 2026

                      Naina Atul Rana                                   .Applicant

                               Vs.

                      The State of Maharashtra                          .Respondent

ANAND                 Mr. Shirish Gupte, Senior Advocate a/w. Ms. Rachita Dhuru i/b. Tamsin
SUDHAKAR
SUDAME                Monis, for the Applicants
Digitally signed by
ANAND SUDHAKAR
                      Mr. Amit A. Palkar, APP, for the Respondent – State
SUDAME
Date: 2026.09.29      Mr. Satyajit Virnodkar, PSI, Goregaon Police Station, Mumbai present
10:53:36 +0530


                                         CORAM : MILIND N. JADHAV, J.

                                         DATE     : 22.09.2026
                      P. C.

                      1.      Mentioned. Not on board.

                      2.      Heard Mr. Gupte, learned Senior Counsel for the Applicant and

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

                      3.      This matter is not on board today. However, it was supposed to

                      be listed along with APL No. 1548 of 2026 (Sr. No. 37). The Applicants

                      before me in both the matters are husband and wife. The lis emanates

                      from the same cause of action. The subject is the same. The issue is the

                      same. The order of the learned Magistrate is the same. Hence, Criminal

                      Application No. 1559 of 2026 is taken up for hearing. It is mentioned

                      before the Court though it is not on board, it is taken up for hearing


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forthwith in view of the order passed in Cri. Application No. 1548 of

2026.

4.      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 assessment of the evidence during

investigation, however, 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,

that there is no 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

interfere therein.

5.      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 is unsustainable as it is sans reasons,

not on merits and therefore, it stands quashed & set aside.


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6.      Section 482 of the Criminal Procedure Code, 1973 conferred

inherent powers on High Courts to pass such orders as are justified to

give effect to any order in the Court, prevent abuse of process of any

Court or secure the ends of justice. In the BNSS this provision stands

incorporated with Section 528 which substantially reproduces the

language and intent of Section 482 of the CRPC, 1973 High Courts

invoke this provision to step in where cases have been instituted with

malafide motives or to harass the accused person thereby avoiding

procedural harassment. It empowers Court to dismiss FIRs or criminal

proceedings if there is no prima facie case or evidence against the

accused person/s or if orders are made in violation of the principles of

natural justice. The exercise of such powers under Section 482 of CRPC

and now Section 528 of BNSS remains discretionary and varies from

case to case.

7.      In State of Harayana vs Bhajan Lal 1 the Supreme Court laid

down model categories and guidelines in paragraph No. 102 of the said

judgment in which the FIRs can be quashed. The Supreme Court has

further asserted that power under Section 482 is an acknowledgment

of "powers inherent" and not the source of powers additional. It has

held that even non compoundable offences can be quashed where

necessary. It has held that High Courts have to decide whether the
1
     1992 AIR 604

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prosecution of an offence would further or be against the interest of

justice. It is also held that grievous offences such as murder, rape, and

dacoity cannot ordinarily be quashed even after settlement because

they involve societal implication.


8.      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. 2108/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. 257 of 2023 qua the
                 Applicants and discharge/release the Applicants from the proceedings in
                 C. C. No. 2108/MISC/2025 or any proceedings arising out of it.”

9.      The Criminal Application is allowed and disposed.




                                                            (MILIND N. JADHAV, J.)




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