IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.2125 OF 2025 Haraklal Jain …..Petitioner NKDAAIKIRLI ATADASE Vs. DNDD1iAaIgK :tR 5i eIt 6A:Ta :D2lA 00yE K 2 s +A 5ig .I 00Ln 55Ae 3.dS 00 2by The State of Maharashtra and Anr. ….Respondents Mr. D. S. Mhaispurkar for the Petitioner.

Mr. Vinod Chate, APP for the State.

CORAM : RAVINDRA V. GHUGE &

ASHWIN D. BHOBE, JJ.

DATE : 28th APRIL, 2025 P.C. :-

1. We have perused the FIR No.0246 registered on 12^th March, 2025 with the Ghatkopar Police Station, Brihanmumbai City. The Petitioner, apparently is the husband of one of the partners of Heritage Housing Corporation, namely, Chandra Harklal Jain.

2. It is canvased before us that the Petitioner is an Advocate who is 67 years of age and does not go to the Court. He claims to be a solicitor. It is specifically stated before us that he has nowhere signed on any document and is not a party to any agreement which led to the filing of the FIR. His wife is a partner of Heritage Housing Corporation. If anything has to turn upon any criminal act qua the company, it would be the partners of the company who would deal with the said issue.

3. Prima facie, we find from the FIR that an offence of fraud and cheating has been made out. Nevertheless, the Petitioner’s role does not appear in any form in the FIR, coupled with the solemn statement made on instructions, that he is not a party to any agreement or not a signatory to any document which would be a part of the said controversy.

4. In view of the above, issue notice to the Respondents, returnable on 25^th June, 2025. Learned APP waives serve of notice on behalf of Respondent No.1.

5. The investigation in the crime is in progress. The Petitioner had applied for anticipatory bail and ad-interim bail has been granted.

6. Let the investigation proceed and the charge-sheet may be filed. However, as the stage would arrive, the Trial Court would not frame a charge against the present Petitioner Mr. Haraklal Jain, until further orders in this matter.

(ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.)