TUSHAR A KALATEversusSTATE OF MAHARASHTRA AND ORS

                                                    27-WP-2908-2026.DOC




          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CRIMINAL APPELLATE JURISDICTION
             CRIMINAL WRIT PETITION NO.2908 OF 2026


Tushar Atmaram Kalate                                   …Petitioner
      Versus
The State of Maharashtra & Ors.                         …Respondents


Mr. Jayesh Kinni a/w. Mr. Aun Kinni i/b. Mr. Mayur Govind Sanap,
for the Petitioner.
Mrs. M. R. Tidke, APP, for Respondent No.1-State.
Mr. Saurabh Singh Ahluwalia i/b. Mr. Siddharth N. Sutaria, for
Respondent No.5.


                       CORAM:        MADHAV J. JAMDAR, J.
                       DATED :       29th SEPTEMBER 2026
PC:-


1.       Heard Mr. Kinni, learned Counsel appearing for the

Petitioner, Mrs. Tikde, learned APP appearing for Respondent No.1-

State     and   Mr.   Ahluwalia,    learned   Counsel   appearing     for

Respondent No.5.



2.       By this Writ Petition, the challenge is to the legality and

validity of the impugned order dated 15th April 2026 passed by the

learned Additional Sessions Judge, Pune, below Exhibit-217 in

Special MPID Case No.9 of 2018.




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3.       The Petitioner claims to be the purchaser of a motor vehicle

of make Rolls Royce Ghost, bearing Registration No.WB02AB0123

and Chassis No.SCA664S05BUH15519. In the application which

has been filed under Section 91 of the Code of Criminal Procedure,

1973, the Petitioner has raised the following contentions:



            “2. The Applicant has specifically claimed that he
            has received the No Objection Certificate in
            respect of Motor Vehicle bearing No. WB-02-AB-
            123 vide letter dated 19.05.2017 signed by one
            Swati Bhatnagar Authorized Signatory, and NOC
            dated 19.05.2017 and Form -35 dated
            19.05.2017 signed by authorized representative
            of Respondent No.3 which are undisputed, and
            the same was received after the payment was
            completed by the Applicant on 12.05.2017.
            However, the Respondent No.3 has filed its reply
            to the said application on 26.05.2025, wherein
            the Respondent No.3 has stated that, it had
            foreclosed the loan in respect of the said Motor
            Vehicle    bearing No. WB-02-AB-123 on
            31.07.2016 itself and they have issued the NO
            Objection on 01.08.2016 itself.

            3. This stand of Respondent No.3 is totally
            contrary to the facts stated by the Applicant on
            record. The Respondent No.3 is manipulating and
            fabricating documents and preparing backdated
            documents to misguide this Hon'ble Court with
            ulterior motive. Under such circumstances it is
            just and necessary to call upon the Respondent
            No.3 to put forth the following information on
            record:




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            i. Date on which the foreclosure amount was
            deposited/transferred/credited as Respondent
            No.3. claimed by the Respondent No.3.

            ii.    Name       of     entity   who      has
            deposited/transferred/credited the foreclosure
            Amount as claimed by the Respondent No.3.

            iii. From which account to which account the
            foreclosure             amount              was
            deposited/transferred/credited as claimed by the
            Respondent No.3.”

                                          (Emphasis added)


4.       Thus, the Petitioner has come up with the case that No

Objection Certificate dated 19th May 2017 with respect to the said

vehicle was issued in his favour, which has been signed by the

authorized representative of the Respondent No.3 in said Special

MPID Case No.9 of 2018 i.e.the present Respondent No.5-BMW

India Financial Services Private Ltd.. However, learned Counsel

appearing for Respondent No.5 points out the No Objection

Certificate dated 19th May 2017, which is on page 33 of the

compilation, which is in favour of Samruddha Jeevan Foods India

Limited.




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       5.       Learned Counsel appearing for Respondent No.5 points out

       an email dated 28th April 2017, which is on page 131 of the

       compilation, which refers to two cars namely Jaguar-XJ/Mercedes

       350GL-Class. He submits that payment of Rs.90,00,000/- (Rupees

       Ninety Lakh only) is towards the said cars.



       6.       In these circumstances, no interference in the impugned

       order is warranted.



       7.       Accordingly, the Writ Petition is disposed of.




                                                    [MADHAV J. JAMDAR, J.]



       Digitally
       signed by
       SONALI
SONALI MILIND
MILIND PATIL
PATIL Date:
       2026.09.29
       15:53:56
       +0530




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