Bombay High Court

RUPESH VISHNUDAS MALPANIversusTHE STATE OF MAHARASHTRA AND ANR

Disposal: DISPOSED OFF
Bench: NEERAJ P DHOTE

Holding

Leave to amend the petition is granted, subject to a two‑week deadline, otherwise the petition will be dismissed.

Summary

The petitioner, Rupesh Vishnudas Malpani, filed a criminal writ petition and after cognizance was taken, sought leave to amend his application, relying on a recent Supreme Court judgment (Pradnya Pranjal Kulkarni v. State of Maharashtra). The learned counsel for the petitioner argued that the amendment was necessary to align with the higher court's precedent. The Court considered whether it should permit the amendment and set appropriate conditions. It granted leave to amend, directing the petitioner to file the amendment within two weeks, failing which the petition would be dismissed. The order was pronounced by Justice Neeraj P. Dhote, with the Advocate General for the State present.

Issues considered

Whether the petitioner should be granted leave to amend the criminal writ petition after cognizance has been taken

Subjects

amendment
criminal writ petition
leave of court
cognizance
Supreme Court precedent

Judgment

                                                             1                    5CrWP36.2020.odt


                                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                  BENCH AT AURANGABAD.

                                          5 CRIMINAL WRIT PETITION NO. 36 OF 2020

                                                    Rupesh Vishnudas Malpani
                                                             VERSUS
                                                 The State Of Maharashtra And Anr
                                                                 ...
                             Mr. Simon Awhad h/f Mr. V.D. Gunale - Advocate for the Petitioner
                             Mrs. A. S. Mantri - APP for the State
                                                                 ...

                                                            CORAM :      NEERAJ P. DHOTE, J.

                                                            DATED :      22ND JUNE, 2026

                             PER COURT : -

                             1.          Learned Advocate for the Petitioner submits that, since
                             cognizance has been taken, he seeks leave to amend the application in
                             light of the judgment of the Hon’ble Apex Court in the case of Pradnya
                             Pranjal Kulkarni vs. State of Maharashtra and Another, Petition(s) for
                             Special Leave to Appeal (Crl.) No. 13424 of 2025.

                             2.          Leave is granted. Necessary amendment shall be carried out
                             within a period of two weeks, failing which the Petition shall stand
                             dismissed without further reference to the Court.

                             3.          Learned AGP for the State is present.



                                                                          [NEERAJ P. DHOTE]
                                                                               JUDGE

                             SG Punde




Signed by: Sandeep Gulabrao Punde
Designation: PS To Honourable Judge
Date: 23/06/2026 19:17:49

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