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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

CRIMINAL WRIT PETITION NO. 2611 OF 2021

Ryan John Michael Thorpe,

Age 43 years, Occu. : Service,

Residing at A 901, Meridian CHS Ltd.,

Sector No.-6, Plot No-25 & 26,

Nerul West, Navi Mumbai – 400706.

…Petitioner.

Vs.

The State of Maharashtra,

Crime Branch, CID, Property Cell,

Byculla, Through the Public

Prosecutor, High Court,

Mumbai.

…Respondent

WITH

CRIMINAL WRIT PETITION NO. 2612 OF 2021

Ripu Sudan Balkishan Kundra

Alias Raj Kundra,

Age 45 years, Occ.: Business,

Residing at of 1^st Floor, Kinara Building,

Dr. R.S. Jain Marg, Juhu,

Mumbai-400049.

…Petitioner.

Vs.

The State of Maharashtra,

Crime Branch, CID, Property Cell,

Byculla, Through the Public

Prosecutor, High Court,

Mumbai.

…Respondent

Mr. Abhinav Chandrachud a/w. Mr. Hitesh Jain, Mr. Subhash Jadhav, Mr.

Chandansingh Shekhawat, Mr. Yashovardhan Deshmukh and Ms. Farishta

Menon i/b. Parinam Law Associates for the Petitioner in Writ Petition

No.2611 of 2021.

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Mr. Aabad Ponda, Senior Counsel a/w. Mr. Hitesh Jain, Mr. Subhash Jadhav,

Mr. Chandansingh Shekhawat, Mr. Yashovardhan Deshmukh and Ms.

Farishta Menon i/b. Parinam Law Associates for the Petitioner in Writ

Petition No.2612 of 2021.

Mrs. Aruna Pai, Public Prosecutor for the Respondent-State in both

Petitions.

Mr. Kiran Bidve, Investigating Officer present.

CORAM : A. S. GADKARI, J.

RESERVED ON : 2^nd AUGUST, 2021

PRONOUNCED ON : 7^th AUGUST, 2021.

P.C.:-

By the present Petitions under Article 227 of the Constitution of

India and under Section 482 of the Code of Criminal Procedure, 1973 (for

short, “Cr.P.C.”), the Petitioners Accused No.11 and 10 respectively, have

impugned the common Order dated 20^th July, 2021 passed by the learned

Additional Chief Metropolitan Magistrate, 37^th Court, Esplanade, Mumbai in

R.A. No.640 of 2021 in C.R. No.26/2021 of DCB, CID (Property Cell),

Mumbai thereby, remanding the Petitioners to police custody and all Orders

of subsequent remands by the Trial Court, which extend the custody of the

Petitioners and for their release from custody.

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Heard Mr. Ponda, learned senior counsel appearing for the

Petitioner in Writ Petition No.2612 of 2021, Mr. Abhinav Chandrachud,

learned counsel appearing for the Petitioner in Writ Petition No.2611 of

2021 and Mrs. Pai, learned Public Prosecutor for the Respondent-State in

both the Petitions. Perused record.

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The record reveals that, a crime bearing No.103 of 2021 dated

5^th February, 2021 was originally registered with Malvani Police Station,

Mumbai. The said crime was transferred to Detection of Crime Branch, CID

(Property Cell), Byculla, Mumbai on the same day which was renumbered

as CR No.26 of 2021 under Sections 354(c), 292, 293, 420 read with

Section 34 of the Indian Penal Code, Sections 66(E), 67, 67(A) of the

Information Technology Act, 2000 and Sections 3,4,6 and 7 of the Indecent

Representation of Women (Prohibition) Act, 1986. During the course of

investigation, initially complicity of 9 accused persons was disclosed and

after completion of investigation against them, a charge sheet has been filed

on 3^rd April, 2021 in the Court of the learned Additional Chief Metropolitan

Magistrate, 37^th Court, Esplanade, Mumbai. The said charge sheet is

numbered as CC No.251/PW/2021. During the course of investigation

Umesh Ganpat Kamat (Accused No.7) revealed participation of Petitioners

in the present crime. Apart from it, from the statement of other witnesses,

the role of Petitioners and their complicity in the crime was also revealed.

The investigating agency, thereafter obtained permission from the Trial

Court for further investigation as contemplated under Sectio