IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.4967 OF 2025 Mrs. Mamta Digvijay Singh .. Petitioner Vs.

State of Maharashtra & Anr. .. Respondents …

Mr. Aabad Ponda, Senior Advocate a/w Gaurav Parkar, Vikrant Singh Negi, Mr. Pratik Thakkar, Mr. Parag Kabra, Mr. Sourab Aroara, Ms. Priyamvada Singhania, and Ms. Sneha Barange & i/by DSK Legal, Advocates for the Petitioner.

Mr. K. V. Saste, APP for the Respondent No.1-State.

Mr. Jatin Sehgal a/w Ms. Devna Soni, Mr. Sandeep Salunke, Mr. Kunal Vaishnav, Shivashish Dwivedi and Mr. Yash Badkur, Advocates for the Respondent No.2.

Mr. Sandesh Manjrekar, PI, EOW, Unit-7, Mumbai.

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CORAM : SHREE CHANDRASHEKHAR, CJ &

GAUTAM A. ANKHAD, J.

DATE : 23^rd SEPTEMBER 2025.

Digitally signed by RAMESHWAR R LA A X M M E A S N HWARL D A IL X W M A A L N E DILWALE Date:

2 1 0 1 2 :0 5 2 .0 :0 9 5 .24 Per, Shree Chandrashekhar, CJ :

+0530 In the complaint case filed by the respondent no.2 which was numbered as CC No.57/SW/2021, the trial Court passed an order on 6^th May 2021 under section 156(3) of the Code of Criminal Procedure for registration of a First Information Report. Pursuant to that order, M.E.C.R. No.1 of 2021 was registered on 8^th May 2021.

Later on, the investigation of case was transferred to EOW which re-

registered the case vide CR No. 51 of 2025.

2. On several grounds, the petitioner seeks to challenge the registration of C.R.No.51 of 2025 which arises from M.E.C.R. no.1. The said crime has been lodged alleging commission of the offence under sections 406, 420, 409, 465, 467, 468, 471 and 120-B read with section 34 of the Indian Penal Code.

3. In this writ petition, the following order was passed on 22^nd September 2025:

“The petitioner has made the following prayers :-

A. Issue appropriate writ in the nature of Madamus and/or any other appropriate writ under Article 226 and Article 227 of the Constitution of India, 1950 and u/s.528 of the BNSS and/or direction and/or order to quash and set aside order dated 06.05.2021 passed by the Ld. 12^th Metropolitan Magistrate Court, Bandra in C.C. No.57/SW/2021 which led to registration of M.E.C.R. No.1 of 2021 dated 08.05.2021 u/s.406, 420, 409, 465, 467, 468, 471, 120(B) read with section 34 of the Indian Penal Code, 1860 by Bandra Police Station and all consequent proceedings emanating therefrom, qua the Petitioners.

B. Issue appropriate writ in the nature of Mandamus and/or any other appropriate writ under Article 226 of the Constitution of India, 1950 and u/s.528 of the BNSS and/or direction and/or order to quash and set aside C.R. No.51 of 2025 registered by Economic Offences Wing (Unit 7), Mumbai, arising out of M.E.C.R. No.1 of 2021 dated 08.05.2021 u/s.406, 420, 409, 465, 467, 468, 471, 120(B) read with section 34 of the Indian Penal Code, 1860 registered by Bandra Police Station pursuant to order dated 06.05.2021 passed by the Ld. 12^th Metropolitan Magistrate Court, Bandra in C.C.No.57/SW/2021 and all consequent proceedings emanating therefrom, qua the Petitioners.

C. Be pleased to direct a stay of investigation and all subsequent proceedings emanating therefrom in relation to C.R. No.51 of 2025 registered by Economic Offences Wing (Unit-7), Mumbai, arising out of M.E.C.R. No.1 of 2021 dated 08.05.2021 u/s.406, 420, 409, 465, 467, 468, 471, 120(B) read with section 34 of the Indian Penal Code, 1860 registered by Bandra Police Station.

D.Alternatively, be pleased to direct that no chargesheet shall be filed against the Petitioner in relation to C.R. No.51 of 2025 registered by Economic Offences Wing (Unit-7), Mumbai, arising out of M.E.C.R. No.1 of 2021 dated 08.05.2021 u/s.406, 420, 409, 465, 467, 468, 471, 120(B) read with section 34 of the Indian Penal Code, 1860 registered by Bandra Police Station, pending the hearing and disposal of this Petition.

E. Be pleased to pass interim orders for release of the Petitioner from the custody of EOW in relation to C.R. No.51 of 2025 registered by Economic Offences