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Bombay High Court

HITESH BHAVERLALJI JAINversusTHE STATE OF MAHARASHTRA AND ORS

Decided
Disposal
Disposed Off

Holding

The petition is dismissed as there is no material to infer false implication of the petitioner.

Summary

The petitioner, Hitesh Bhaverlalji Jain, was acquitted by a magistrate on 16 August 2018 because the prosecution failed to prove the charges against him. The magistrate's judgment did not record any finding that the petitioner was falsely implicated in the alleged crime. The petitioner filed a writ petition seeking relief, alleging false implication despite the acquittal. The High Court examined the record and noted the absence of any material indicating false implication. Consequently, the Court found no basis to entertain the petition and dismissed it.

Issues considered

  • Whether a writ petition can be entertained when the petitioner has been acquitted and there is no evidence of false implication.

Subjects

  • acquittal
  • false implication
  • writ petition
  • criminal appellate jurisdiction
  • dismissal

Judgment

            DTG                                                                110-Wp-866-2020.doc



                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                           CRIMINAL APPELLATE JURISDICTION

                                            WRIT PETITION NO. 866 OF 2020

            Hitesh Bhaverlalji Jain                                  … Petitioner
                   V/s.
            The State of Maharashtra & Ors.                          … Respondents
                               _______________________________________
            Mr. Manish N. Jain i/b S M Jain Associates for Petitioner.
            Mr. Shrikant V. Gavand, A.P.P. for Respondent-State.
                               _______________________________________
                                     CORAM : A. S. GADKARI AND
                                                   KAMAL KHATA, JJ.
                                     DATE       : 31st July 2026
            P.C. :

            1)                    It is an admitted fact on record that, Petitioner after facing a full

            fledged trial has been acquitted by the learned Magistrate for the offences

            alleged against him, by its Judgment and Order dated 16 th August 2018. A bare

            perusal of the said Judgment indicates that, the learned Magistrate has nowhere

            recorded a finding that, the Petitioner has been falsely implicated in the said

            crime. The Petitioner has been acquitted solely on the ground that, the

            prosecution has failed to prove the offences against the accused persons by any

            cogent and convincing evidence.

            2)                    As there is no material to even remotely infer that, the Petitioner

            was falsely implicated in the said crime, we see no reason to entertain the

            Petition.

            2.1)                  Petition is accordingly dismissed.



                                  ( KAMAL KHATA, J. )                  ( A.S. GADKARI, J. )
            Digitally signed by
            DNYANESHWAR
DNYANESHWAR TULSHIRAM                                                                                1/1
TULSHIRAM   GHUMNAR
GHUMNAR     Date: 2026.08.06
            18:23:32 +0530


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