903 wp 12289 of 2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.12289 OF 2026 Ramdas Athavale ... Petitioner versus State of Maharashtra and Ors. … Respondents WITH INTERIM APPLICATION (ST) NO.27785 OF 2026 IN WRIT PETITION NO.12289 OF 2026 Prakash Yashwantrao Ambedkar … Applicant and Ramdas Athawale … Petitioner versus State of Maharashtra and Ors. … Respondents Dr. Virendra Tulzapurkar, Sr. Advocate with Mr. Saket Mone, Mr. Raghav Taneja i/by Vidhii Partners, for Petitioner. Ms. Savita Prabhune, AGP for State. Mr. Prakash Y. Ambedkar, Applicant / Respondent No.5 present in person. Mr. Sangharaj Rupwate with Mr. Akshay Dingale, for Respondent No.10. Mr. Prathamesh Waikar i/by Mr. B.K.Barve, for Respondent No.15. CORAM: N.J.JAMADAR, J. DATE : 23 SEPTEMBER 2026 P.C. 1. Heard Mr. Tulzapurkar, learned Senior Advocate for the Petitioner and Mr. Ambedkar – Respondent No.5 / Applicant, who appears in person. 2. By this Petition under Article 227 of the Constitution of India, the Petitioner has invoked the writ jurisdiction as an application preferred by the Petitioner in an appeal, seeking stay to the execution and operation of the SSP 1/4 SWAROOP SHARAD PHADKE Digitally signed by SWAROOP SHARAD PHADKE Date: 2026.09.24 18:20:18 +0530 903 wp 12289 of 2026.doc order passed by the Deputy Charity Commissioner on 20 July 2026 in Change Report No.ACC(Hosp.)/923/2011, is not heard and decided by the learned Joint Charity Commissioner. 3. Since the appeal awaits adjudication by the Joint Charity Commissioner, at this juncture, this Court is not inclined to entertain the Petition. 4. However, it must be clarified that, when an application for stay to the order impugned in a statutory appeal is filed, the Appellate Authority must decide such application for stay expeditiously so that the appeal is not rendered infructuous in the event the Appellant eventually succeeds in the Appeal. 5. Learned Joint Charity Commissioner seized with Appeal No.96 of 2026 is thus requested to hear and decide the application for stay to the execution and operation of the order passed by the Deputy Charity Commissioner in Change Report No.ACC(Hosp.)/ 923 of 2011, as expeditiously as possible, and, preferably, within a period of two weeks from the date of communication of this order. 6. All contentions of all the parties, including the tenability of the appeal at the instance of the Petitioner, are expressly kept open for consideration by the learned Joint Charity Commissioner. 7. Writ Petition stands disposed. SSP 2/4 903 wp 12289 of 2026.doc IA(ST) No.27785 of 2026 8. The Applicant – Respondent No.5, has filed this Interim Application for initiating an action against the Petitioner under the provisions of Section 340 of the Code of Criminal Procedure, 1973 (Section 379 of the BNSS, 2023). 9. I have heard Mr. Ambedkar, the applicant in person. Two grounds were urged by Mr. Ambedkar. One, the Petitioner has falsely claimed himself to be the Chairman of the Trust. Second, the tour programme published by the Press Information Bureau on 8 September 2026 indicates that in his capacity as the Minister for Social Justice the Petitioner was to visit Bilaspur and Raipur on 9 September 2026 and, yet, on 9 September 2026 itself, the Petitioner has affirmed the Petition in Mumbai. 10. The position as regards the initiation of action under Section 340 of the Code, 1973 is well settled. It is only in those cases where the Court finds that it would be expedient in the interest of justice that, an action under Section 340 of the Code, 1973, would be justified. A useful reference in this context can be made to the judgment of the Supreme Court in the case of Pritish V/s. State of Maharashtra and Ors.1 11. In the facts of the case, this Court finds that the status of the Petitioner as the Chairman of the Trust a matter of contest. As regards the tour programme, suffice to note that, the Court is not expected to embark upon an 1 (2002) 1 SCC 253 SSP 3/4 903 wp 12289 of 2026.doc inquiry as to whether as per the tour programme the Petitioner No.1 did visit Bilaspur and Raipur on 9 September 2026 and as what time the Petitioner No.1 came to Mumbai. 12. To conclude, the grounds raised in the application do not render an inquiry under Section 340 of the Code, expedient in the interest of justice. 13. The Interim Application thus stands disposed. ( N.J.JAMADAR, J. ) SSP 4/4