Bombay High Court
RAIEES YASIN LASHKARIA AND ORSversusTHE STATE OF MAHARASHTRA AND ORS
- Decided
- Disposal
- Allowed
Holding
The court may correct its own order to quash the pending criminal case and set aside the notice, as the errors are clerical.
Summary
The petitioners filed a writ petition seeking correction of an order dated 01.09.2026 that incorrectly described the status of a Leave and License Agreement and the pending criminal case PW/255/2026. They requested that the court quash the pending criminal proceedings and set aside an impugned notice dated 29 November 2025. The bench examined the praecipe and held that the errors were purely clerical and could be rectified without prejudice to the parties. Accordingly, it directed that the paragraph be corrected to reflect that the proceedings be quashed and the notice set aside. The court allowed the praecipe and disposed of the petition.
Issues considered
- Whether the court can correct a clerical error in its own order by quashing pending criminal proceedings.
- Whether an impugned notice dated 29 November 2025 can be set aside through a correction of the order.
Subjects
- writ petition
- correction of order
- quash proceedings
- criminal appellate jurisdiction
- clerical error
Judgment
1.WP.3706.2026.doc
HARSHADA H. SAWANT
(P.A.)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO.3706 OF 2026
Raiees Yasin Lashkaria and Ors. .. Petitioners
Versus
The State of Maharashtra and Ors. .. Respondents
....................
Mr. Rehan H. Ghojaria, Advocate i/by Diamondwala & Co. for
Petitioners.
API – Saptale, EOW, Mumbai.
...................
CORAM : MILIND N. JADHAV, J.
DATE : SEPTEMBER 08, 2026
P.C.:
1. Heard Mr. Ghojaria, learned Advocate for Petitioners.
2. Perused the praecipe filed for Speaking to the Minutes of
order dated 01.09.2026.
3. Following corrections are required to be made in the order
dated 01.09.2026:-
Original Paragraph No.14 Corrected paragraph No.14
(a) The Leave and License a. That this Hon’ble Court be pleased to
Agreement dated 23.08.2023 quash the proceedings bearing no.
between Petitioner No. 1 (or its PW/255/2026 pending before the file of
sister concern) and Cornerstone the Addl Chief Metropolitan Magistrate,
Enterprises has been declared 47th Court at Esplanade, Mumbai arising
irrevocably cancelled and out of FIR bearing no.371 of 2025 with
terminated; Juhu Police Station u/s 318(4) and 3(5)
of BNS, 2023 on 22.04.2025 which was
(b) Cornerstone Enterprises subsequently transferred to EOW (Unit 6)
has attorned to Respondent and renumbered as CR No.45 of 2025 as
No.3 as the sole and lawful against the Petitioners on any terms and
owner of the Said Property and Condition as this Hon’ble Court deem fit
shall execute a fresh Leave and and proper.
License Agreement directly with b. That this Hon’ble Court be pleased to
the Respondent No.3 for the quash and set aside Impugned Notice
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1.WP.3706.2026.doc
Ground Floor for a fixed term of dated 29th November, 2025 issued by the
twelve months commencing 1st Respondent No. 3 with an immediate
January 2026 and expiring 5 th effect.
December 2026.”
4. Necessary correction be carried out in the original order and
fresh copy be uploaded.
5. Praecipe is allowed and disposed.
H. H. SAWANT [ MILIND N. JADHAV, J. ]
Digitally signed
HARSHADA by HARSHADA
HANUMANT
HANUMANT SAWANT
SAWANT Date: 2026.09.09
10:52:07 +0530
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