LOTUS REFINERIES PVT LTD THROUGH ARUN KUMAR SHARMAversusSTATE OF MAHARASHTRA AND ANR

                                                                                  940-WP-244-2025.doc


                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CRIMINAL APPELLATE JURISDICTION

                                            WRIT PETITION NO.244 OF 2025
ARJUN
VITTHAL
KUDHEKAR              Lotus Refineries Pvt Ltd                                   ...Petitioners
Digitally signed by   Through its Managing Director
ARJUN VITTHAL
KUDHEKAR              Arun Kumar Sharma & Anr.
Date: 2026.09.24              Versus
20:50:43 +0530
                      The State of Maharashtra & Anr.                            ...Respondents
                                                       ——————

                      Mr. Murtaza Najmi a/w Dilip Shukla, Farida Najmi, Nancy Kanungo,
                      Kashish, Sutaja Bhule, Nasrah Ansari & Arefa Siddiquie, for the Petitioners.
                      Mr. S. S. Ghag, APP, for the Respondent-State.
                      Mr. Yashpal Thakur a/w Nimeet Sharma & Vinit Vaidya i/b MZM Legal LLP,
                      for Respondent No.2.

                                                       ——————
                                                          Coram: Madhav J. Jamdar, J.
                                                          Date: 24 September 2026
                      P.C.:

                      1.      Heard Mr. Najmi, learned Counsel appearing for the Petitioners,

                      Mr. Thakur, learned Counsel appearing for Respondent No.2 and Mr.

                      Ghag, learned APP for the Respondent-State of Maharashtra.

                      2.      In this Writ Petition, the challenge is to the legality and validity of

                      the Order dated 24th December 2024 passed by the learned JMFC, 33rd

                      Court, Ballard Pier at Mazgoan, Mumbai, below the application dated

                      24th December 2024 for issuance of witness summons in CC

                      No.243/SS/2017.


                      Arjun                                 1
                                                          940-WP-244-2025.doc


3.           By the impugned Order, the said application has been rejected

mainly on the ground that the application for issuance of witness

summons to these six persons for examination as defence witnesses

was for the purpose of bringing on record certain e-mails produced by

Accused No.2.

4.           However, Mr. Najmi, learned Counsel appearing for the

Petitioners, points out the cross-examination of DW-1-Arun Kumar

Sharma. He submits that in the facts and circumstances, it has become

necessary to examine the witnesses. He states that the Petitioners will

examine only following two witnesses and not the six witnesses:

        i.      Mr. Iqbal

        ii.     Mr. Neeraj Upadhyay

5.           In view of the said contentions raised by Mr. Najmi, learned

Counsel appearing for the Petitioners, Mr. Thakur, learned Counsel

appearing for Respondent No.2, states that a learned Single Judge by

Order dated 1st July 2024 passed in Criminal Writ Petition (Stamp)

No.10663 of 2024, has expedited the hearing of the said case. He

submits that, he has instructions that, if the Petitioners do not delay the

trial on the ground of examination of these two witnesses and complete

the examination of the said witnesses within a period of three weeks,

then in that event, Respondent No.2 will have no objection to the

examination of these two witnesses.


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                                                         940-WP-244-2025.doc


6.      Accordingly, by consent of the parties, the following Order is

passed:

     i. The Order dated 24th December 2024 passed by the learned

        JMFC, 33rd Court, Ballard Pier at Mazgoan, Mumbai, below the

        application dated 24th December 2024 in CC No.243/SS/2017, is

        quashed and set aside to the following extent.

     ii. The Petitioners, i.e., Accused, are permitted to examine the

        following two witnesses.

             a) Mr. Iqbal

             b) Mr. Neeraj Upadhyay

     iii. The said exercise shall be completed on or before 21st October

        2026.

     iv. The learned Trial Court is requested to conclude the hearing of

        said CC No.243/SS/2017 expeditiously.

     v. It is clarified that no further extension shall be sought by the

        Petitioners on any ground whatsoever for the examination of the

        above two witnesses.

7.      Accordingly, the Writ Petition is disposed of.



                                                  [Madhav J. Jamdar, J.]




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