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2025 Supreme(Online)(Bom) 6000

BOMBAY HIGH COURT
GAUTAM A. ANKHAD, RAVINDRA V. GHUGE, JJ
Mrs.Elizabeth Lou Iler – Appellant
Versus
The State of Maharashtra & Ors. – Respondent


Advocates:
For the Appellants/Petitioners: Mr.Himanshu Maratkar, Mr.Mayur Mohite
For the Respondents: Mr.S.V.Gavand, Addl. PP

CORAM : RAVINDRA V. GHUGE &

GAUTAM A. ANKHAD, JJ.

DATE : 13th August, 2025 P.C.:-

1. We have heard the learned Advocate for the Petitioner and the learned Addl.PP. With their assistance, we have perused the Petition paper-

book.

2. After perusing the contents of the First Information Report (FIR) No. 0811 of 2025, registered on 8th July, 2025 with the D.N. Nagar Police Station, Andheri, more particularly the contents of the first paragraph on internal page no. 7 of the FIR, we are of the prima facie view that Section 409 of the Indian Penal Code is attracted.

3. The learned Addl. PP submits, on instructions from Shri Sachin Khondre, PI, that a communication to the learned Magistrate would be immediately issued within two days indicating that Section 409 of the IPC is being added to the FIR.

4. We are, however, shocked by the conduct of the Investigating Officer, who, on the one hand, has registered the FIR No. 0811 of 2025 on 8th July, 2025 and narrated the contents of the complaint dated 3rd March, 2025 therein. Prima facie, the contents of the complaint, more particularly paragraph Nos. 16, 17, 18 and 19 clearly indicate a deceptive role played by Mr. Sainath Gharse, Senior Manager,

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