Bombay High Court
VARSHA PUSHKAR VYAS AND ORSversusSTATE OF MAHARASHTRA AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The writ petition was disposed as the preliminary inquiry concluded that no offence was made out, thereby redressing the petitioners' grievance.
Summary
The petitioners filed a writ petition seeking quashing of a criminal complaint lodged against them before the Economic Offences Wing, Mumbai, and alternatively asked for service of the complaint or a closure report under Section 173(3)(i) of the Bharatiya Nagrik Suraksha Sanhita, 2023. The State’s Assistant Public Prosecutor produced a communication from the Senior Police Inspector indicating that a preliminary inquiry had been conducted and concluded that there was insufficient material to register an offence, leading to the closure of the inquiry. The court noted that the grievance of the petitioners was thereby redressed. Consequently, the court disposed of the writ petition without ordering any further relief. The decision rests on the finding that the preliminary inquiry found no offence, rendering the petition unnecessary.
Issues considered
- Whether the criminal complaint filed against the petitioners can be quashed by a writ petition.
- Whether a closure report under Section 173(3)(i) of the Bharatiya Nagrik Suraksha Sanhita, 2023, is appropriate in the circumstances.
- Whether the petitioners are entitled to service of the complaint copy.
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 173(3)(i)
Subjects
- quash petition
- preliminary inquiry
- closure report
- Section 173
- criminal procedure
- writ petition
- complaint
Judgment
13-W{-4435-2026.odt
rajshree
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO.4435 OF 2026
Varsha Pushkar Vyas & Ors. ....Petitioners
V/S
State of Maharashtra & Ors. ....Respondents
Ms.Aishwarya Vahini i/b Mr.Nixon George for the Petitioners.
Ms.S.D. Shinde, APP for the State.
CORAM : BHARATI DANGRE &
ASHISH S. CHAVAN, JJ
DATE : 9th SEPTEMBER 2026
P.C. :
1 Heard Ms.Aishwarya Vahini, the learned counsel for the
Petitioners and the learned APP for the State.
The Petition filed by the three Petitioners seek quashing and
setting aside of the complaint lodged by Respondent Nos.2 and 4
before the EOW, Mumbai on 19/06/2024 and in the alternative it
is prayed that copy of the complaint be served on the Petitioners
or the Respondents shall be directed to submit a closure report
under Section 173 (3)(i) of Bharatiya Nagrik Suraksha Sanhita,
2023.
KISHOR
MORE
Digitally signed
RAJSHREE by RAJSHREE
KISHOR MORE
Date: 2026.09.10
18:04:48 +0530
2 The learned APP has tendered before us a communication
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13-W{-4435-2026.odt
dated 09/09/2026 addressed to her by the Sr. PI, EOW, in regards
to the complaint lodged by Smt.Kalpana Govind Vyas against the
Applicants, requesting for initiation of action pursuant to which
a preliminary inquiry was initiated. A copy of the communication
is also handed over to the learned counsel for the Petitioners.
On conduct of the said inquiry, the Officer has come to an
conclusion that no material is emerging sufficient enough to
register an offence. The Officer has also directed that, since no
offence is made out, the preliminary inquiry is closed and it is also
directed that the complainant Smt. Kalpana Vyas shall be
intimated of the said decision taken by the Officer.
3 In the wake of the aforesaid since the grievance of the
Petitioners stand redressed, we dispose of the Writ Petition.
[ASHISH S. CHAVAN, J.] [BHARATI DANGRE, J.]
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