Bombay High Court

SHIRAZ KARIM MERCHANTversusTHE STATE OF MAHARASHTRA AND ORS

Decided: 27 August 2026
Disposal: Disposed Off

Holding

The petition is disposed, granting the petitioner entitlement to record his statement under Section 161 of the Cr.P.C.

Summary

Shiraz Karim Merchant filed a writ petition challenging the registration of a crime (C.R. No. 240 of 2026) under Section 81 of the Indian Registration Act, 1908, by the Naupada Police Station, Thane. The petitioner sought relief to record his statement under Section 161 of the Criminal Procedure Code in the ongoing investigation. The High Court noted that the crime had indeed been registered as per the Additional Chief Secretary's statement and that the petitioner was entitled to record his statement. Consequently, the court disposed of the petition, granting the relief sought, and also dismissed the pending interim application. The petition and the interim application were both ordered to be disposed of.

Issues considered

Whether the petitioner is entitled to record his statement under Section 161 of the Cr.P.C. in the investigation of C.R. No. 240 of 2026
Whether the registration of the crime under Section 81 of the Indian Registration Act, 1908, is valid and sufficient to grant the relief sought

Legislation cited

Code of Criminal Procedure, 1973 — s. 161
Registration Act, 1908 — s. 81

Subjects

Writ petition
Section 81 Indian Registration Act
Section 161 Criminal Procedure Code
Statement recording
Criminal investigation
High Court of Bombay

Judgment

DTG                                                          5-Wp-173-2022.doc



                IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                      CRIMINAL APPELLATE JURISDICTION

                       WRIT PETITION NO. 173 OF 2022
                                   WITH
                 INTERIM APPLICATION (ST) NO. 11008 OF 2025

Shiraz Karim Merchant                                      … Petitioner
         V/s.
The State of Maharashtra & Ors.                            … Respondents
                   _______________________________________

Mr. Satish S. Borulkar a/w Mr. Shrishailya S. Deshmukh for Petitioner.

Dr. Milind Sathe, Advocate General a/w Mr. Girish Godbole, Senior Advocate
and Smt. P.P. Shinde, A.G.P. for Respondent-State.

Mr. Vishwajit Sawant, Senior Advocate a/w Mr. Sandeep S. Salunkhe for
Respondent Nos. 4 & 7.
               _______________________________________

                            CORAM : A. S. GADKARI AND
                                    KAMAL KHATA, JJ.
                            DATE  : 27th August 2026

P.C. :

1)              Mr. Borulkar, learned counsel appearing for Petitioner on

instructions submitted that, in furtherance of the statement made by the

Additional Chief Secretary, Revenue Department, a crime bearing C.R. No.

240 of 2026, dated 27th July 2026, under Section 81 of the Indian

Registration Act, 1908, has been registered with the Naupada Police Station,

Thane.

2)              In view thereof, the grievance of the Petitioner is redressed and

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                        DTG                                                        5-Wp-173-2022.doc



                        prayers in the Petition are worked out.

                        3)          It is needless to mention that, the Petitioner will be entitled to

                        record his statement under Section 161 of the Cr.P.C. (180 of the BNSS) with

                        the Investigating Agency, investigating C.R. No. 240 of 2026.

                        4)          Petition is disposed off in the aforesaid terms.

                        5)          In view of disposal of Petition, Interim Application (ST.) No.

                        11008 of 2025 pending therein, does not survive and is accordingly disposed

                        off.




                                    ( KAMAL KHATA, J. )                    ( A.S. GADKARI, J. )
              Digitally signed
              by
DNYANESHWAR   DNYANESHWAR
TULSHIRAM     TULSHIRAM
GHUMNAR       GHUMNAR
              Date: 2026.08.31
              20:16:44 +0530




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