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Bombay High Court

NEERAJ ASHOK KHATANHARversusSTATE OF MAHARASHTRA AND ANR

Decided
Disposal
Disposed Off

Holding

A charge framed without first granting the accused a hearing is invalid and must be set aside.

Summary

The petitioner, Neeraj Ashok Khatanhar, challenged the order dated 12 January 2026 in which the Additional Sessions Judge, Dindoshi, framed charges under Sections 69, 316(2), 318(4) and 352 of the Bharatiya Nyaya Sanhita, 2023, without affording him a prior hearing. The petition was filed under Article 226 of the Constitution and Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, alleging violation of the right to be heard and consequent prejudice. The court examined the Roznamas of 30 December 2025 and 12 January 2026, finding no record of any hearing of the accused before charge framing. Relying on precedents that mandate an opportunity of hearing before framing charges, the court held that the order and the framed charges were procedurally defective. Consequently, the court partially allowed the petition, quashing the impugned order and directing a fresh hearing before the Additional Sessions Judge.

Issues considered

  • Whether an accused must be afforded an opportunity of hearing before a charge is framed under the Bharatiya Nyaya Sanhita, 2023.

Legislation cited

Subjects

  • right to be heard
  • charge framing
  • criminal procedure
  • Article 226
  • Bharatiya Nyaya Sanhita
  • Bharatiya Nagarik Suraksha Sanhita
  • procedural fairness

Judgment

                                                          7-.WP-1238-2026.doc



         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CRIMINAL APPELLATE JURISDICTION
                   WRIT PETITION NO. 1238 OF 2026
Neeraj Ashok Khatanhar                               … Petitioner
      V/S.
The State Of Maharashtra And Anr.                 … Respondents
__________________________________________________________
Mr. Rohan Hogle, learned Advocate for the Petitioner.
Ms. Poonam Bhosale, learned APP for the Respondent – State.
__________________________________________________________

                                CORAM : ASHWIN D. BHOBE, J.
                                 DATE : 18th March, 2026.
P.C. :


1.       Heard Mr. Rohan Hogle, learned Advocate for the Petitioner

and Ms. Poonam Bhosale, learned APP for the Respondent – State.

Mr. Rohan Hogle, learned Advocate states that Respondent No. 2 is

a formal party to this Petition.



2.       By this Petition filed under Article 226 of the Constitution of

India and under Section 528 of the Bharatiya Nagarik Suraksha

Sanhita, 2023, the Petitioner assails the order dated 12.01.2026,

passed by the learned Additional Sessions Judge, Dindoshi,

Mumbai, (“Sessions Court”) in Sessions Case No. 724 of 2025,

framing charge against the Petitioner for the offences punishable



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under Sections 69, 316(2), 318(4), and 352 of the Bharatiya

Nyaya Sanhita, 2023.



3.      In view of the limited challenge raised in this Petition,

reference is made to the bare/minimum facts as stated by Mr.

Roshan Hogle, learned Advocate for the Petitioner:-



          3a.     First Information Report No. 359 of 2025 was

          registered   against   the   Petitioner   for    the offences

          punishable under Sections 69, 316(2), 318(4), and 352

          of the Bharatiya Nyaya Sanhita, 2023.



          3.b     Upon Investigation, Chargesheet was filed before

          the   Magistrate       and   registered     as     C.C.        No.

          5053/PW/2025. By Committal Order dated 16.12.2025,

          records of C.C. No. 5053/PW/2025 were submitted to the

          Sessions Court, Dindoshi, Mumbai.



          3c.     Roznama dated 30.12.2025 and 12.01.2026

          reads as follows:-




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Business             : 30-12-2025 CORAM – H.H.J. SMT. ASHWINI
                       D. LOKHANDE, ADHOC JUDGE, CITY CIVIL
                       COURT      AND     ADDITIONAL      SESSIONS
                       JUDGE(C.R. No. 18) Sessions Case 724/2025
                       (CNR No.) APP Sudhir Sapkale for state
                       present. Accused not produced from JC. Adv.
                       for accused absent. Adj. for charge to 12-01-
                       2026. Judge
Next Purpose         : Charge
Next Hearing Date : 12-01-2026
Judge, City Civil Court and Additional Sessions Judge



Business             : 12-01-2026 CORAM-H.H.J. SHREE N.D.
                       KHOSE, ADDITIONAL SESSIONS JUDGE (C.R.
                       No. 18) Sessions Case 724/2025 (CNR No.
                       MHCC05-006921-2025) APP Sudhir Sapkale
                       for state present. Accused not produced from
                       JC(MCP). Adv. for accused absent. KB Later on
                       3.05 p.m. Accused produced from JC(MCP) on
                       VC. Exh.03 Plea of accused. Adj. for document
                       to 23.01.2026.
Next Purpose         : Documents
Next Hearing Date :     23.01.2026
Judge, City Civil Court and Additional Sessions Judge




 4.        Grievance of the Petitioner is that charge was framed by the

 Sessions Court without affording an opportunity of hearing to the




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Petitioner. Mr. Rohan Hogle, refers to the Roznamas dated

30.12.2025 & 12.01.2026 to contend that the Petitioner was not

heard prior to framing of the charge. He specifically states that

charge was framed on 12.01.2026 without affording any

opportunity of hearing to the Petitioner, thereby causing serious

prejudice.



5.      Ms. Poonam Bhosale, learned APP for the Respondent –

State on the basis of the records placed in this Petition viz. The

Roznama dated 30.12.2025 and 12.01.2026 submits that the

Petitioner apparently was not heard before framing of the charge.



6.      Mr. Rohan Hogle states that the subject matter of this

Petition warrant traible case.



7.      Roznama dated 12.01.2026 relied by Mr. Rohan Hogle, does

not record the Sessions court had heard the prosecution or the

Accused. Thus, the Petitioner had no opportunity. For this reason

alone, the order dated 12.01.2026 of framing charge against the

Petitioner deserves to be quashed and set aside. Useful reference

can be made to the view expressed in the case/s of Bharat Uttam



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Rajurkar And Others v/s. The State of Maharashtra1, Zenon John

Pereira v/s. The State of Maharashtra And Anr.2, Khurshid Jaat

Imran Jaat v/s. The State of Maharashtra3, Ajay Arun Kumar

Chougule v/s. The State of Maharashtra4, Ambadas Kashirao

Kharad v/s. The State of Maharashtra5, Wasumati Ashok Thakre

And Another v/s. The State of Maharashtra 6, Sheikh Rashid v/s.

The State of Maharashtra And Another7 and Sanjay Hariram

Agarwal v/s. The State of Maharashtra And Another. 8 wherein this

Court has held that an opportunity of hearing is required to be

afforded to the Accused prior to framing of the charge.



8.          In view of the above, the present Petition is partly allowed

on the following terms :-



               a) Order dated 12.01.2026 impugned in this Petition as

               well as the charge as framed against the Petitioner, stand

               quashed and set aside.




1    Criminal Writ Petition No. 1232 of 2017 decided on 12.01.2018.
2    Writ Petition No. 5915 of 2025 decided on 18.11.2025.
3    Criminal Revision Application No. 25 of 2025 decided on 24.02.2025.
4    Criminal Application No. 1298 of 2018 decided on 04.12.2019.
5    2007 (1) Bom.C.R. (Cri.) 881.
6    Criminal Revision No. 135 of 2010 decided on 12.08.2010.
7    Criminal Revision Application No. 74 of 2024 decided on 02.07.2024.
8    Criminal Writ Petition No. 77 of 2026 decided on 13.01.2026.



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                     b) Petitioner shall appear before the learned Additional

                     Sessions Judge, Dindoshi, Mumbai on 27.03.2026.



                     c) Learned Additional Sessions Judge, Dindoshi, Mumbai

                     shall pass an order on framing of charge after providing

                     an effective opportunity of hearing to the Prosecution and

                     the Petitioner (Accused), in accordance with law.



                     d) No order as to costs.



                                                      (ASHWIN D. BHOBE, J.)




        Digitally
        signed by
        ARJUN
ARJUN   KRISHNA
KRISHNA RODGE
RODGE   Date:
        2026.03.24
        21:28:07
        +0530




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