Digitally signed IRESH b My A I SR HE AS LH MASHAL Date:

2025.05.31

00:29:44 +0530

26.2989.25 WP.docx Iresh IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 2989 OF 2025 Hemang Jadavji Shah Age: 50 years, Occ: Business Having his address at – 1501, Sough Ridge, 54, Ridge Road, Teen Batti, Malabar Hill, Mumbai - 400006 His Office address at - 13^th Floor, B Wing, Peninsula Business Park, Senapati Bapat Marg, Lower Parel (W), Mumbai 400013 (At present in Arthur Road Jail) .....Petitioner Vs.

1. The State of Maharashtra Through the Ld. Public Prosecutor

2. The Senior Police Inspector Economic Offences Wing, Unit-5 GC-III, Police Commissioner Office Compound, Dr. D. N. Road, Mumbai – 400 001

3. The Senior Police Inspector, Malabar Hill Police Station, Walakeshwar, Malabar Hill Mumbai – 400 001 .....Respondents Mr. Ravi Prakash, Senior Advocate, Mr. Munaf Virjee, Mr. Aditya Dewan, Mr. Vikram Sutaria, Debopriyo Moulik, Zain Shroff, Sagar Shetty i/b Mr. Hrituraj Singh Rajput and AMK Law Mr. Amit Desai, Senior Advocate i/b Mr. Nikhil S. Kamble, Ms. Archishmati Chandramore for intervener Mr. S. V. Gavand, APP for the State Mr. Anand Bagade, Unit-5, GC-3 EOW Mumbai CORAM : GAURI GODSE, SOMASEKHAR SUNDARESAN, JJ.

(VACATION COURT)

DATE : 30^th MAY 2025 JUDGMENT:

1. Rule. Rule made returnable forthwith. The petition is taken up for final disposal.

2. We heard learned senior counsel for the petitioner and the learned APP for the respondents. Learned senior counsel for the first informant made a request to appear in the matter. Though no intervention application has been filed, we have heard the learned senior counsel for the first informant.

3. This petition is filed seeking the following relief:

“b. Issue a direction/ writ of certiorari and/or any other similar writ, order and direction of like nature, to declare the arrest of the Petitioner dated 18.05.2025 illegal and unnecessary and order immediate release of the Petitioner in connection with FIR bearing C. R. 53 of 2025 with Economic Offences Wing, Mumbai (Original FIR bearing C. R. No. 116/2025 lodged with Malabar Hill Police Station, Mumbai);

c. This Hon'ble Court be pleased to quash and set aside remand order dt. 18.05.2025, 21.05.2025 and 26.05.2025 passed by the Ld. Magistrate Court, (Holiday Court) remanding the Petitioner to police custody and all such subsequent orders of extension of remand, in the interest of justice;

d. This Hon'ble Court be pleased to direct for an investigation to be conducted by an independent agency (other than EOW, Mumbai) for bringing to book the officials of the EOW, Mumbai who colluded with Mr. Mehul Shah and Mr. Ashwin Sheth and allowed for the extortion to be conducted in the above manner with the Petitioner during the Petitioner's police custody with the EOW, Mumbai from 18.05.2025 to 26.05.2025 ”

4. The factual matrix relating to which the prayers are made is summarised below:

a) The dispute is between the petitioner on the one hand and his bother and their father on the other. The first informant is the elder brother of the petitioner;

b) On 14^th May 2025 at about midnight, on an oral complaint and statement of the petitioner’s brother, an FIR bearing CR No. 116 of 2025 was registered with the Malabar Hill Police Station at

0214 hours;

c) The allegation in the FIR is regarding a memorandum of understanding (MOU) dated 15^th August 2024 and the money that was to be distributed pursuant to the terms and conditions agreed between the parties to the MOU;

d) On 14^th May 2025, after the FIR was registered, a Look Out Circular (LOC) was issued at the instance of the Deputy Commissioner of Police, In-charge of Malabar Hill Police Station. After the FIR was registered, the complaint was transferred to the Economic Offences Wing (EOW) Unit – 5 GC–III, Mumbai;

e) The FIR is registered for the alleged offences punishable under section 316 (5), 318 (4) of Bharatiya Nyaya Sanhita, 2023 (BNS);

f) It is the petitioner’s contention that the di