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2026 DAILYLAW 3043 (BOM)

RAJESH SURENDRA PARIKH v. STATE OF MAHARASHTRA AND ANR

WP/3567/2026 · 2026-07-27

Shri Madhav J Jamdar

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

58-WP-3567-2026.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.3567 OF 2026 Rajesh Surendra Parikh …Petitioner Versus The State of Maharashtra & Anr. …Respondents Ms. Akshata Bhogle a/w. Mr. Mayank Mishra i/b. Mr. Mayank Mishra, for the Petitioner. Mr. S. S. Ghag, APP, for Respondent No.1-State. CORAM: MADHAV J. JAMDAR, J. DATED : 27th JULY 2026 PC:- 1. Heard Ms. Bhogle, learned Counsel appearing for the Petitioner and Mr. Ghag, learned APP appearing for Respondent No.1-State. 2. In this Writ Petition filed under Articles 226 and 227 of the Constitution of India, the Petitioner i.e. Husband is seeking relief that Respondent No.2 i.e. Wife be directed to comply with the order dated 5th March 2026 passed by the learned Judicial Magistrate First Class (for short “JMFC”), 62nd Court, Dadar, Page 1 Sonali 58-WP-3567-2026.DOC Mumbai in C.C. No.6200165/DV/2023 and permit the Petitioner to peacefully enter into the subject flat. 3. However, perusal of the record shows that the Petitioner has already filed an Application bearing Exhibit-17 seeking direction to the Senior Inspector of Police, Worli Police Station, Mumbai to provide necessary assistance and to direct the deputed officer to accompany him for the purpose of enabling him to enter and reside in the subject flat in terms of the order dated 5th March 2026. 4. Ms. Bhogle, learned Counsel appearing for the Petitioner submits that although, the said Application is filed, the learned JMFC is not disposing of the said Application and proceeding with the matter. 5. Accordingly, the learned JMFC is requested to dispose of the said Application bearing Exhibit-17 in accordance with law within a period of three months from today. Page 2 Sonali 58-WP-3567-2026.DOC 6. It is clarified that all contentions of both the parties are expressly kept open. 7. Accordingly, the Writ Petition is disposed of in above terms. [MADHAV J. JAMDAR, J.] Page 3 Sonali SONALI MILIND PATIL Digitally signed by SONALI MILIND PATIL Date: 2026.07.27 17:42:07 +0530