SHAILESH JEETLAL CHAURASIYAversusSTATE OF MAHARASHTRA AND ANR

                                                                3.WP.4144.2026.doc

Ajay

                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         CRIMINAL APPELLATE JURISDICTION

                  CRIMINAL WRIT PETITION NO. 4144 OF 2026

       Shailesh Jeetlal Chaurasiya                        .. Petitioner
             Versus
       State of Maharashtra and Anr.                      .. Respondents

                               ....................
        Mr. Prashant Pandey a/w. Mr. Dinesh Jadhwani, Ms. Ridhima
         Mangaonkar, Ms. Neha Baloni, Advocates i/by W3Legal LLP for
         Petitioner.
        Ms. Rajeshree V. Newton , APP for Respondent – State.
        Mr. Tushar Halwai, Advocate for Respondent No.2 – Complainant.
        API – Mr. Vikramsinh Patil, L.T. Marg Police Station present.
                                    ......…...........

                                   CORAM : MILIND N. JADHAV, J.
                                   DATE         : SEPTEMBER 03, 2026.

       P.C.:

       1.       Heard Mr. Pandey, learned Advocate for Petitioner; Ms.

       Newtron, learned APP for Respondent – State and Mr. Halwai, learned

       Advocate for Respondent No.2 – Complainant.


       2.        Petitioner before me is the brother of the accused person.

       The reason for filing the said application on behalf of the accused is

       only because the accused is suffering from lymphoma, leukemia and

       also a severe spinal cord disorder. Details of the accused’s medical

       records are placed before me. The case of the prosecution emanates

       from a tweet, copy of which is appended at Exhibit ‘F’ - page No.100 of

       the Petition which prima facie refers to certain disturbing facts with


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regard to collection of weekly ‘haftas’ by brokers on behalf of the local

jurisdictional police station. The said tweet not only provides the

details, but also contains three videos specifically calling upon the

prosecution to take appropriate action thereon. One of the person who

is named in the tweet is the Petitioner's brother, who is suffering from

a terminal disease as alluded to herein above.


3.        Petitioner’s brother is a vendor having a stall for selling

handkerchiefs in the said area to which the subject matter of the tweet

applies. There is a threat in the said tweet which prima facie has led

the prosecution to take immediate knee jerk action and register the

complaint. I have perused the said tweet carefully with the able

assistance of Mr. Pandey and also Mr. Halwai, who represents the

Complainant.


4.        Most intriguingly the Complainant is another vendor from

the same area who was called to the police station and was assaulted

and threatened to sign the complaint against the accused. The

prosecution and the Police Authorities can undoubtedly take

appropriate action if they desire to do so qua the material which is

stated in the said tweet in accordance with law. It is not that the said

tweet is vague or insufficient or inadequate in any respect. It gives

substantial leads and also three videos and photos are uploaded. The

person who has done the same has also expressed his apprehension of



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receiving threatening calls which can be seen from the tweet itself.


5.        Apart from the videos, there are audio clips also. Rather than

directing investigation in that direction, the present FIR has been

registered against the brother of the Petitioner. Petitioner was

incidentally arrested for one day and granted bail immediately.


6.        In the aforesaid circumstances, the Petitioner is before me.

The case of the Petitioner is otherwise duly supported by the

Complainant himself, who is represented by an Advocate. In fact the

Complainant’s Advocate Mr. Halwai informs the Court that he was

surreptitious called to the Police Station, was assaulted and forced to

sign the complaint statement. This is shocking to the core where the

Complainant is complaining about the prosecution excesses.             The

learned Prosecutor would submit that she would seek appropriate

instructions. I would have permitted the same had there not been

sufficient material placed before me to arrive at a considered decision.

The material placed before me is prima facie adequate to enable me to

consider the Petitioner's case more particularly in view of the medical

condition of the Petitioner.


7.        Learned Advocate for the Petitioner apprised the Court that

the said tweet at Exhibit ‘F’ - page 100 has been subsequently deleted

thereby, in my opinion, amounting to destroying the entire evidence

that would be otherwise available to the prosecution to carry out the


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        investigation.


        8.                    I am not at all surprised as day in and day out such incidents

        are reported in newspapers and seen in the media as happening to all

        kinds of people. It is unfortunate that the Petitioner, who is the brother

        of the accused who is terminally ill cancer patient was also assaulted

        and that the Complainant was also assaulted and made to sign the FIR

        against the accused person. These are instances where the

        Constitutional Courts are required to step in and prevent any excesses

        by the law enforcement agencies on common people in society at large.


        9.                    The ailments of the Petitioner’s brother are at a very

        advanced stage which impels me to consider the present Writ Petition.

        For all the above reasons, the Petition stands allowed in terms of

        prayer clause (a) which prima facie subsists at this stage.


        10.                   Needless to state that it shall be open to the prosecution to

        take appropriate steps as available to them in law in regard to the

        concerned tweet appended at Exhibit ‘F’ - page No.100 of the Petition.


        11.                   In view of the above, Writ Petition is allowed and disposed.




                                                              [ MILIND N. JADHAV, J. ]

Ajay

                     Digitally signed
                     by AJAY
       AJAY       TRAMBAK
       TRAMBAK    UGALMUGALE
       UGALMUGALE Date: 2026.09.04
                     11:24:53 +0530




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