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2025 DIGILAW 1313 (BOM)

Neelakantan Iyer v. State of Maharashtra

2025-11-20

GAUTAM A.ANKHAD, SHREE CHANDRASHEKHAR

body2025
JUDGMENT : This writ petition has been filed pursuant to the permission granted by this Court vide order dated 19 th August 2025 passed in Criminal Writ Petition No.2787 of 2025 with several prayers including prayer clauses (f) to (h) which read as under: “f] This Hon’ble Court be pleased to issue a writ certiorari and/or a writ, order or direction in the nature of certiorari and/or any other writ, order or direction and/or any other order to quash and/or set aside the Arrest of the Petitioner No.2 (Mangesh Kadam) who was arrested on 10.09.2025, and declare the same as illegal and in gross violation of the fundamental rights under Article 21 and 22 of the Constitution in CR No.51 of 2025 registered with the Economic Offences Wing (EOW), Unit No.7 Mumbai (renumbered from MECR No.01 of 2021 registered with Bandra Police Station); g] This Hon’ble Court be pleased issue a writ of certiorari and/or a writ, order or direction in the nature of certiorari and/or any other writ, order or direction and/or any other order to quash and/or set aside Remand Orders dated 11/09/2025 and 16/09/2025 passed by the Ld. Additional Chief Judicial Magistrate, 47 th Court at Esplanade, Mumbai along with its effect, implementation, and all consequent actions taken thereunder; h] Be pleased to grant interim bail to the Petitioner No.2 (Mangesh Kadam) and release him from custody in relation to CR No.51 of 2025 registered by Economic Offences Wing (EOW) Unit 7, Mumbai arising out of the order dated 06.05.2021 passed by the Ld. Metropolitan Magistrate Court, 12 th Court at Bandra in C.C. No.57/SW/2021 which earlier led to registration of M.E.C.R. No.1 of 2021 dated 08.05.2021 u/s 406, 420, 409, 465, 467, 468, 471, 120(B) read with Section 34 of the Indian Penal Code, 1860 by Bandra Police Station which now stands transferred to Economic Offences Wing (EOW) Unit 7, Mumbai and registered as CR No.51 of 2025 pending the hearing and disposal of the Petition;” 2. On 29 th September 2025 the following order was passed: “ Mrs. On 29 th September 2025 the following order was passed: “ Mrs. M. M. Deshmukh, the Public Prosecutor in-charge has tendered a copy of the order dated 29 th September 2025 issued under the signature of the Director General of Police, Maharashtra State and states that the investigation in this case shall be transferred to another officer for a fair investigation and the inquiry against the present Investigating Officer shall be conducted by an officer of the rank of Additional Commissioner of Police (Crime), Mumbai. 2. Mr. Ravi Kadam, the learned senior counsel for the petitioners draws attention of this Court to the order dated 19 th August 2025 in Criminal Writ Petition No.2787 of 2025. The said order reads as under :- “1) Learned APP seeks time to peruse the record. 1.1) At the request of learned APP, stand over to 11 th September 2025. 2) Till the returnable date, investigation of the crime to continue, however the Investigating Agency shall not file charge-sheet, if not filed till today, without prior leave of this Court.” 3. Mr. Tanveer Ahmed Mir, the learned senior counsel appearing for the respondent no.2 raised an objection to grant of any interim protection to the petitioner no.2 in so far as the filing of the charge-sheet is concerned. However, on the Court’s query, the learned senior counsel on instructions states that the order dated 19 th August 2025 passed in Criminal Writ Petition No.2787 of 2025 was not challenged by the respondent no.2. 4. In view thereof, following judicial propriety and discipline, we are required to pass a similar order as was passed on 19 th August 2025 in Criminal Writ Petition No.2787 of 2025. Therefore, objection raised on behalf of the respondent no.2 is rejected. 5. Let an order in terms of the order which was passed on 19 th August 2025 in Criminal Writ Petition No.2787 of 2025 be made effective in this writ petition. 6. Ordered accordingly. 7. In view of the facts and the subsequent developments, we would observe that the Investigating Officer shall keep in mind the mandate in “Satender Kumar Antil v. Central Bureau of Investigation & Anr.” (2022) 10 SCC 51 , “Arnesh Kumar v. State of Bihar & Anr.” (2014) 8 SCC 273 and “Arnab Goswami v. State of Maharashtra & Ors.” (2021) 2 SCC 427 . 8. Post the matter on 10 th November 2025. 8. Post the matter on 10 th November 2025. 9. In the meantime, reply shall be filed by the respondent no.2. 10. The Investigating Officer shall produce a status report in the sealed cover on the next date of hearing.” 3. Objecting to the deletion of the prayers at clauses (f) to (h), Mr. Sehgal, the learned counsel for the respondent no.2 refers to the decision in ‘Union of India & Ors. v. CIPLA Ltd. & Anr.’ (2017) 5 SCC 262 and submits that these prayers were made in Writ Petition No. 5748 of 2025 and were not granted by the Court and now the petitioners seek to delete these prayers which cannot be permitted. 4. The amendment sought to be carried out through deletion of the prayers at clauses (f) to (h) cannot be objected to by the respondent no.2 on the ground that the similar prayers are made in Writ Petition No.5748 of 2025. Just to indicate, Writ Petition No.5748 of 2025 still survives and as stated by the learned counsel for the respondent no.2, is posted for hearing on 24 th November 2025. We are also not inclined to accept the submission made by the learned counsel for the respondent no.2 that deletion of the prayers at clauses (f) to (h) would amount to forum shopping. The proposed amendments are allowed. The petitioners are permitted to delete prayer clauses (f) to (h). 5. Let amendments be carried out within one week. Post the matter on 18 th December 2025. 6. Till then the interim order dated 29 th September 2025 shall continue qua the petitioners.