27-WP-2908-2026.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2908 OF 2026 Tushar Atmaram Kalate …Petitioner Versus The State of Maharashtra & Ors. …Respondents Mr. Jayesh Kinni a/w. Mr. Aun Kinni i/b. Mr. Mayur Govind Sanap, for the Petitioner. Mrs. M. R. Tidke, APP, for Respondent No.1-State. Mr. Saurabh Singh Ahluwalia i/b. Mr. Siddharth N. Sutaria, for Respondent No.5. CORAM: MADHAV J. JAMDAR, J. DATED : 29th SEPTEMBER 2026 PC:- 1. Heard Mr. Kinni, learned Counsel appearing for the Petitioner, Mrs. Tikde, learned APP appearing for Respondent No.1- State and Mr. Ahluwalia, learned Counsel appearing for Respondent No.5. 2. By this Writ Petition, the challenge is to the legality and validity of the impugned order dated 15th April 2026 passed by the learned Additional Sessions Judge, Pune, below Exhibit-217 in Special MPID Case No.9 of 2018. Page 1 Sonali 27-WP-2908-2026.DOC 3. The Petitioner claims to be the purchaser of a motor vehicle of make Rolls Royce Ghost, bearing Registration No.WB02AB0123 and Chassis No.SCA664S05BUH15519. In the application which has been filed under Section 91 of the Code of Criminal Procedure, 1973, the Petitioner has raised the following contentions: “2. The Applicant has specifically claimed that he has received the No Objection Certificate in respect of Motor Vehicle bearing No. WB-02-AB- 123 vide letter dated 19.05.2017 signed by one Swati Bhatnagar Authorized Signatory, and NOC dated 19.05.2017 and Form -35 dated 19.05.2017 signed by authorized representative of Respondent No.3 which are undisputed, and the same was received after the payment was completed by the Applicant on 12.05.2017. However, the Respondent No.3 has filed its reply to the said application on 26.05.2025, wherein the Respondent No.3 has stated that, it had foreclosed the loan in respect of the said Motor Vehicle bearing No. WB-02-AB-123 on 31.07.2016 itself and they have issued the NO Objection on 01.08.2016 itself. 3. This stand of Respondent No.3 is totally contrary to the facts stated by the Applicant on record. The Respondent No.3 is manipulating and fabricating documents and preparing backdated documents to misguide this Hon'ble Court with ulterior motive. Under such circumstances it is just and necessary to call upon the Respondent No.3 to put forth the following information on record: Page 2 Sonali 27-WP-2908-2026.DOC i. Date on which the foreclosure amount was deposited/transferred/credited as Respondent No.3. claimed by the Respondent No.3. ii. Name of entity who has deposited/transferred/credited the foreclosure Amount as claimed by the Respondent No.3. iii. From which account to which account the foreclosure amount was deposited/transferred/credited as claimed by the Respondent No.3.” (Emphasis added) 4. Thus, the Petitioner has come up with the case that No Objection Certificate dated 19th May 2017 with respect to the said vehicle was issued in his favour, which has been signed by the authorized representative of the Respondent No.3 in said Special MPID Case No.9 of 2018 i.e.the present Respondent No.5-BMW India Financial Services Private Ltd.. However, learned Counsel appearing for Respondent No.5 points out the No Objection Certificate dated 19th May 2017, which is on page 33 of the compilation, which is in favour of Samruddha Jeevan Foods India Limited. Page 3 Sonali 27-WP-2908-2026.DOC 5. Learned Counsel appearing for Respondent No.5 points out an email dated 28th April 2017, which is on page 131 of the compilation, which refers to two cars namely Jaguar-XJ/Mercedes 350GL-Class. He submits that payment of Rs.90,00,000/- (Rupees Ninety Lakh only) is towards the said cars. 6. In these circumstances, no interference in the impugned order is warranted. 7. Accordingly, the Writ Petition is disposed of. [MADHAV J. JAMDAR, J.] Page 4 Sonali SONALI MILIND PATIL Digitally signed by SONALI MILIND PATIL Date: 2026.09.29 15:53:56 +0530