dtg 55-Wp-3218-2023.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 3218 OF 2023 WITH INTERIM APPLICATION NO. 3995 OF 2024 Shaily Nikhil Tonk … Petitioner V/s. The State of Maharashtra & Anr. … Respondents _______________________________________ Mr. Rohan Aher i/b Adv. Monel Thakkar for Petitioner. Mr. Ajay S. Patil, A.P.P. for Respondent-State. Mr. Pratik Yadav i/b Mr. Yogendra Giri for Respondent No.2. Mr. Chandrakant Kamble, PI, Santacruz Police Station, Mumbai, present. _______________________________________ CORAM : A. S. GADKARI AND RANJITSINHA RAJA BHONSALE, JJ. DATE : 4th November 2025 P.C. : 1) Learned APP on instructions in writing from Mr. Kamble, P.I., attached to Santacruz Police Station, Mumbai, submitted that, the investigation of present crime is already completed and charge-sheet has been filed on 9th January 2024, in the Court of learned Judicial Magistrate First Class (71st Court), Bandra, Mumbai. The said case is numbered as C.C.No. 351/PW/2023. That, the trial Court has already taken cognizance of the said crime. He further submitted that, as the Petitioner is not attending the proceedings before the trial Court, the trial Court has issued Non Bailable 1/2 dtg 55-Wp-3218-2023.doc Warrant (NBW) against the Petitioner. 1.1) As the NBW is issued against the Petitioner by the trial Court, we are not inclined to exercise our jurisdiction under Article 226 of the Constitution of India in favour of the Petitioner. Even otherwise, as the trial Court has taken cognizance of the said case, the Petitioner is having substantive alternate remedy in his favour before the concerned Court. 2) By keeping the alternate remedy open in favour of the Petitioner, Petition is disposed off. 3) In view of disposal of Petition, Interim Application No.3995 of 2024, does not survive and is accordingly disposed off. (RANJITSINHA RAJA BHONSALE, J. ) ( A.S. GADKARI, J. ) 2/2