2025:BHC-AS:38530 904-ABA-1516-2025.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Digitally signed by ARJUN ANTICIPATORY BAIL APPLICATION NO.1516 OF 2025 ARJUN VITTHAL VITTHAL KUDHEKAR KUDHEKAR Date:

2025.09.17

01:08:48 Haribhau Dnyandev Chemte …Applicant +0530 Versus The State of Maharashtra & Anr. …Respondents Mr. S. B. Talekar a/w. Ms. Madhavi Ayyappan and Mr. Yogesh Morey i/b. Talekar and Associates, for the Applicant.

Mr. A. R. Metkari, APP, for the Respondent-State.

Mr. Manoj Mohite a/w. Mr. Amit Jajoo, Mr. Niray Parmar and Mr.

Aryan Deshmukh i/b. Trilegal, for the Intervenor/First Informant.

Mr. Kushal Mor a/w Amit Jajoo, Mr. Nirav Parmar, Aryan Deshmukh i/b Trilegal, for the Intervenor/First Informant.

Mr. Sachin Dhamane, API, Vimantal Police Station, Pune City, present.

CORAM: MADHAV J. JAMDAR, J.

DATED: 16^th SEPTEMBER 2025 JUDGMENT:-

1. Heard Mr. Talekar, learned Counsel appearing for the Applicants, Mr. Metkari, learned APP appearing for the Respondent No.1-State and Mr. Mohite, learned Senior Counsel appearing for the Intervenor/First Informant.

2. This application is filed seeking pre-arrest bail in connection with C.R. No.152 of 2025 registered with Vimantal Police Station, Pune for the offence punishable under Sections 246, 318, 337, 339, 340 of the Bharatiya Nyaya Sanhita, 2023 (“BNS”).

3. Mr. Talekar, learned Counsel appearing for the Applicant raised the following submissions:

i. Learned Counsel submitted that Vimantal Police Station, Pune has no jurisdiction to lodge the F.I.R.. Learned Counsel pointed out the order dated 5^th March 2025 passed by a learned Single Judge and submitted that as a learned Single Judge has issued direction to the (Registrar Judicial-I) to make an enquiry in respect of forged and fabricated hand written order of JMFC, Pune, produced before this Court and lodge FIR against the persons involved in it and therefore no other FIR can be lodged. He pointed out order dated 21^st April 2025 passed by this Court in Criminal Anticipatory Bail Application No.2134 of 2022 filed by the present Applicant along with Contempt Petition No.204 of 2025 and Interim Application No.2960 of 2022. By the said order dated 21^st April 2025 a learned Single Judge has directed the learned Registrar (Judicial) to depute the appropriate person to lodge the FIR. Learned Counsel submits that in view of the said directions and lodging of the FIR by the registry of the High Court, the Vimantal Police Station, Pune has no jurisdiction to register the FIR.

ii. Learned Counsel submits that in fact, an attempt has been made by the Complainant to file the FIR with Shivaji Nagar Police Station, Pune where the Court of learned Judicial Magistrate First Class, Pune (“JMFC”) is situated. However, Shivaji Nagar Police Station, Pune has refused to lodge the FIR.

iii. Learned Counsel submits that in fact, learned 15^th Jt. JMFC, Pune by order dated 25^th February 2025 passed below Exhibit-88 in RCC No.3466 of 2023 held that as the alleged forged order is produced before the Bombay High Court, the appropriate authority would be Bombay High Court for lodging the FIR. He therefore, submits that lodging of FIR by the Complainant with the Vimantal Police Station, Pune is for the mala fide purpose and in any case without jurisdiction and therefore, the Applicant is entitled for pre-

arrest bail.

iv. Learned Counsel submits that as per Section 215 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS”), no Court shall take congnizance of any offence inter alia punishable under Sections 246 (as per Section 215(1)(b)(i) of BNSS) and of Section 340 (as per Section 215(1)(b)(ii) of BNSS)except on the complaint in writing of that Court or by such officer of the Court as that Court may authorise in writing in this behalf, or some other Court to which that Court is subordinate.

v. Learned Counsel also pointed out Interim Application filed by the Complainant in this Court and submitted that even it is the contention of the Comp