Mamta Kale 31-apl-5-2025.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Criminal Application No. 5 of 2025 Gautam Hari Singhania S/o. Mr Vijaypat Singhania and Ors. … Applicants versus The State of Maharashtra and Anr. … Respondents ---- Mr Shyam Dewani a/w Mr Sachet Makhija i/b Dewani Associates, for the Applicants. Mr Yogesh Y Dabke, APP, for Respondents No.1 & 2 / State. Mr M D Patil, Inspector of legal Metrology, Ratnagiri Division, District Ratnagiri (Respondent No.2 presently incharge). ---- Coram: R.N. Laddha, J. Date: 6 May 2025 P.C.: . The learned Counsel for the applicants submits that the learned Magistrate did not pass any order directing the issuance of process, which is a mandatory procedural requirement. Despite the absence of such an order, summons were issued to the applicants. The learned APP has fairly conceded to this factual position. 2. In light of the forgoing, the order dated 20 April 2023, whereby summons were issued to the applicants, is hereby quashed and set aside. The learned Magistrate is directed to __________________________________________________ 6 May 2025 MAMTA AMAR KALE Digitally signed by MAMTA AMAR KALE Date: 2025.05.06 17:12:37 +0530 Mamta Kale 31-apl-5-2025.docx consider the matter afresh and to pass an appropriate order regarding issuance of process, in accordance with law and based on the merits of the matter. 3. The criminal application stands disposed of accordingly. 4. If the occassion arises, the applicants are at liberty to seek appropriate legal remedy available in law. (R.N. Laddha, J.) __________________________________________________ 6 May 2025