Bombay High Court
Sami @ Arsh Ejaj Kazi vs State Of Maharashtra And Anr on 6 October, 2025
Author: Sarang V. Kotwal
Bench: Sarang V. Kotwal
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.1040 OF 2025
Sami Urf Arsh Ejaj Kazi .... Applicant
versus
The State of Maharashtra & Anr. .... Respondents
.......
• Mr. Aashay Rabade a/w Mr. Atharva Inamdar, Mr. Pratik
Sabrad, Mr. Sarvesh Deshpande, Mr. Pathamesh Deshpande,
Advocate for Applicant.
• Ms. Sharmila S. Kaushik, APP for the State/Respondent.
CORAM : SARANG V. KOTWAL &
SHYAM C. CHANDAK, JJ.
DATE : 07th OCTOBER, 2025
P.C. :
1. This is an application for quashing of the proceeding arising out of C.R.No.25/2025 dated 23/02/2025 registered with Koregaon Park Police Station, Pune, u/s 69 of the Bharatiya Nyaya Sanhita, 2023.
2. Learned counsel for the Applicant submitted that in Digitally signed by MANUSHREE this case not only the cognizance is taken, but the case is fixed MANUSHREE NESARIKAR NESARIKAR Date:
2025.10.08 15:08:14 +0530 for framing of the charges against the Applicant. He submitted Nesarikar ::: Uploaded on - 08/10/2025 ::: Downloaded on - 08/10/2025 21:20:53 ::: 2/3 23-APL-1040-25.odt that he has a good case on merits, but he will have to challenge the order taking cognizance. He seeks leave to amend to take steps in that direction. However, he submitted that the matter is fixed for framing of the charge before the Trial Court. Therefore, some protective orders be passed, so that he could get some breathing space to challenge the order taking cognizance.
3. Considering this request, leave to amend is granted for the following purposes :
(i) To annex a copy of the order taking cognizance of the offence.
(ii) To add the prayer for challenging the order of taking cognizance.
(iii) To add the necessary grounds for challenging the order of taking cognizance.
4. Amendment shall be carried out within a period of four weeks from today. After the amendment is carried out, the matter would lie before a Single Judge Bench of this Court, in view of the order passed on 09/09/2025 in Criminal Writ Petition No.2056 of 2025 and the order dated 11/09/2025 passed in Criminal Writ Petition No.3901 of 2021. ::: Uploaded on - 08/10/2025 ::: Downloaded on - 08/10/2025 21:20:53 :::
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5. The office shall take steps to place this matter before the appropriate Single Judge Bench of this Court.
6. To enable the learned counsel for the Applicant to take steps in that behalf, it is necessary that ad-interim protection is granted to the Applicant so that this application does not become infructuous. Therefore, till the next date before this Court, the Trial Court shall not proceed further against the Applicant, if the charges are not already framed.
7. Stand over to 01/12/2025.
(SHYAM C. CHANDAK, J.) (SARANG V. KOTWAL, J.) ::: Uploaded on - 08/10/2025 ::: Downloaded on - 08/10/2025 21:20:53 :::