Bombay High Court
Pradip Chopra And Anr vs The State Of Maharashtra And Anr on 23 January, 2023
Author: Prithviraj K. Chavan
Bench: Revati Mohite Dere, Prithviraj K. Chavan
NISHA Digitally signed by NISHA
SANDEEP CHITNIS
SANDEEP Date: 2023.01.23
CHITNIS 17:49:20 +0530
10to19-wpst.972.2023(gr).doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION (STAMP) NO.972 OF 2023
1. Pradip Chopra
2. Ankit Chopra ...Petitioners
Versus
1. The State of Maharashtra
2. Nathaliya Rafayal Gonsolves ...Respondents
WITH
CRIMINAL WRIT PETITION (STAMP) NO.974 OF 2023
1. Pradip Chopra
2. Ankit Chopra ...Petitioners
Versus
1. The State of Maharashtra
2. Radheshyasm Rathi ...Respondents
WITH
CRIMINAL WRIT PETITION (STAMP) NO.975 OF 2023
1. Pradip Chopra
2. Ankit Chopra ...Petitioners
Versus
1. The State of Maharashtra
2. Rajaram Rama ...Respondents
WITH
CRIMINAL WRIT PETITION (STAMP) NO.976 OF 2023
1. Pradip Chopra
2. Ankit Chopra ...Petitioners
N. S. Chitnis 1/7
10to19-wpst.972.2023(gr).doc
Versus
1. The State of Maharashtra
2. Rajiben Murji Ravriya ...Respondents
WITH
CRIMINAL WRIT PETITION (STAMP) NO.978 OF 2023
1. Pradip Chopra
2. Ankit Chopra ...Petitioners
Versus
1. The State of Maharashtra
2. Nagji Jetha Ghosar ...Respondents
WITH
CRIMINAL WRIT PETITION (STAMP) NO.980 OF 2023
1. Pradip Chopra
2. Ankit Chopra ...Petitioners
Versus
1. The State of Maharashtra
2. Manju Vinod Tulsiyan ...Respondents
WITH
CRIMINAL WRIT PETITION (STAMP) NO.982 OF 2023
1. Pradip Chopra
2. Ankit Chopra ...Petitioners
Versus
1. The State of Maharashtra
2. Shweta Ashok Dua ...Respondents
N. S. Chitnis 2/7
10to19-wpst.972.2023(gr).doc
WITH
CRIMINAL WRIT PETITION (STAMP) NO.984 OF 2023
1. Pradip Chopra
2. Ankit Chopra ...Petitioners
Versus
1. The State of Maharashtra
2. Manoj Jitendra Salot ...Respondents
WITH
CRIMINAL WRIT PETITION (STAMP) NO.987 OF 2023
1. Pradip Chopra
2. Ankit Chopra ...Petitioners
Versus
1. The State of Maharashtra
2. Kamlesh Ratilal Sheth ...Respondents
WITH
CRIMINAL WRIT PETITION (STAMP) NO.990 OF 2023
1. Pradip Chopra
2. Ankit Chopra ...Petitioners
Versus
1. The State of Maharashtra
2. Pradeep Mohanlal Joysar ...Respondents
Mr. Harshad Bhadbhade a/w Harshad Sathe, for the Petitioners.
Petitioner No.2 - Ankit Chopra, is present.
Ms. P. P. Shinde, A.P.P for the Respondent No.1- State in
WPST/972/2023; WPST/978/2023 and WPST/990/2023.
Ms. S. S. Kaushik, A.P.P for the Respondent No.1- State in
N. S. Chitnis 3/7
10to19-wpst.972.2023(gr).doc
WPST/974/2023 and WPST/982/2023.
Mr. J. P. Yagnik, A.P.P for the Respondent No.1- State in
WPST/976/2023 and WPST/987/2023.
Mr. K. V. Saste, A.P.P for the Respondent No.1- State in
WPST/975/2023 and WPST/984/2023.
Mr. Y. M. Nakhwa, A.P.P for the Respondent No.1- State in
WPST/980/2023.
P.I. - Bhaskar Kokare, Pantnagar Police Station, Mumbai, is present.
CORAM : REVATI MOHITE DERE &
PRITHVIRAJ K. CHAVAN, JJ.
DATE : 23rd JANUARY 2023
P.C. :
1. Learned Counsel for the petitioners, on instructions of the petitioner No.2 - Ankit Chopra, who is present in Court states that the petitioners are ready to hand over possession of the premises/flats/ tenements promised to the complainants. He submits that since there was change in the plans, the tenement number alloted to the tenants has changed and hence a Deed of Rectification will have to be entered into by the petitioners with the said tenants. He submits that the area of the tenement is as promised in the earlier agreement. He N. S. Chitnis 4/7 10to19-wpst.972.2023(gr).doc submits that as far as two tenants i.e. Mr. Harinarayan Rathi and Ms. Vidya Panchal are concerned, the possession of their flats has already been handed over to them on 6 th January 2022. He submits that no third party rights have been created in the flats of the complainants in the aforesaid FIRs. He submits that it is open for the complainants to come an inspect the premises/flats/tenements, as to whether the said premises/flats/tenements are in a habitable condition or not. He further submits that if any repairs are to be done, the petitioners are ready to carry out the said repairs, if pointed out by the complainants.
2. Considering what is stated aforesaid, we permit Ms. Rekha Patil, Mrs. Rajiben Murji Ravriya and Mr. Kamlesh Sheth to inspect their respective premises/flats/tenements, on 24 th January 2023 between 12:00 noon to 06:00 p.m.; Mr. Pradeep Joysar, Mr. Manoj Salot and Mr. Kamlesh Pidwani are permitted to inspect their respective premises/flats/tenements, on 25 th January 2023 between 12:00 noon to 06:00 p.m.; Mrs. Chetana Bheda, Mrs. Hansa Gutka and Mrs. Manju Tulsian are permitted to inspect their respective N. S. Chitnis 5/7 10to19-wpst.972.2023(gr).doc premises/flats/tenements, on 27th January 2023 between 12:00 noon to 06:00 p.m.; Mr. Rajaram Rama, Mr. Nagaji Gosar, Mr. Kriti Thakkar and Mrs. Bhavna K. Thakkar are permitted to inspect their respective premises/flats/tenements, on 28 th January 2023 between 12:00 noon to 06:00 p.m. and Mrs. Priscilla Dias, is permitted to inspect her premises/flat/tenement, on 29 th January 2023 between 12:00 noon to 05:00 p.m. It is open for the aforesaid persons to have their own person to measure the area of the tenements proposed to be handed over to them.
3. As far as Mr. Radheshyam Rathi is concerned, learned counsel for the petitioners submits that Mr. Rathi has already taken possession of his tenement and has carried out the interiors.
4. At this stage, learned counsel for the petitioners states that whatever repairs are pointed out by the aforesaid persons will be rectified by the petitioners, within one week from the date of the inspection.
N. S. Chitnis 6/7
10to19-wpst.972.2023(gr).doc
5. A photocopy of the Deed of Rectification be handed over to the aforesaid persons today, during the course of the day.
6. Stand over to 10th February 2023 at 12:30 p.m. The aforesaid writ petitions to be tagged alongwith Criminal Writ Petition (Stamp) Nos.1497 of 2023; 1409 of 2023; 1353 of 2023; 1408 of 2023; 1350 of 2023; 1351 of 2023; 1352 of 2023; 1415 of 2023; 1414 of 2023; 1349 of 2023; 1727 of 2023; and 1410 of 2023.
7. All concerned to act on the authenticated copy of this order.
PRITHVIRAJ K. CHAVAN, J. REVATI MOHITE DERE, J.
N. S. Chitnis 7/7