3.WP.4144.2026.doc Ajay IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 4144 OF 2026 Shailesh Jeetlal Chaurasiya .. Petitioner Versus State of Maharashtra and Anr. .. Respondents ....................  Mr. Prashant Pandey a/w. Mr. Dinesh Jadhwani, Ms. Ridhima Mangaonkar, Ms. Neha Baloni, Advocates i/by W3Legal LLP for Petitioner.  Ms. Rajeshree V. Newton , APP for Respondent – State.  Mr. Tushar Halwai, Advocate for Respondent No.2 – Complainant.  API – Mr. Vikramsinh Patil, L.T. Marg Police Station present. ......…........... CORAM : MILIND N. JADHAV, J. DATE : SEPTEMBER 03, 2026. P.C.: 1. Heard Mr. Pandey, learned Advocate for Petitioner; Ms. Newtron, learned APP for Respondent – State and Mr. Halwai, learned Advocate for Respondent No.2 – Complainant. 2. Petitioner before me is the brother of the accused person. The reason for filing the said application on behalf of the accused is only because the accused is suffering from lymphoma, leukemia and also a severe spinal cord disorder. Details of the accused’s medical records are placed before me. The case of the prosecution emanates from a tweet, copy of which is appended at Exhibit ‘F’ - page No.100 of the Petition which prima facie refers to certain disturbing facts with 1 of 4 3.WP.4144.2026.doc regard to collection of weekly ‘haftas’ by brokers on behalf of the local jurisdictional police station. The said tweet not only provides the details, but also contains three videos specifically calling upon the prosecution to take appropriate action thereon. One of the person who is named in the tweet is the Petitioner's brother, who is suffering from a terminal disease as alluded to herein above. 3. Petitioner’s brother is a vendor having a stall for selling handkerchiefs in the said area to which the subject matter of the tweet applies. There is a threat in the said tweet which prima facie has led the prosecution to take immediate knee jerk action and register the complaint. I have perused the said tweet carefully with the able assistance of Mr. Pandey and also Mr. Halwai, who represents the Complainant. 4. Most intriguingly the Complainant is another vendor from the same area who was called to the police station and was assaulted and threatened to sign the complaint against the accused. The prosecution and the Police Authorities can undoubtedly take appropriate action if they desire to do so qua the material which is stated in the said tweet in accordance with law. It is not that the said tweet is vague or insufficient or inadequate in any respect. It gives substantial leads and also three videos and photos are uploaded. The person who has done the same has also expressed his apprehension of 2 of 4 3.WP.4144.2026.doc receiving threatening calls which can be seen from the tweet itself. 5. Apart from the videos, there are audio clips also. Rather than directing investigation in that direction, the present FIR has been registered against the brother of the Petitioner. Petitioner was incidentally arrested for one day and granted bail immediately. 6. In the aforesaid circumstances, the Petitioner is before me. The case of the Petitioner is otherwise duly supported by the Complainant himself, who is represented by an Advocate. In fact the Complainant’s Advocate Mr. Halwai informs the Court that he was surreptitious called to the Police Station, was assaulted and forced to sign the complaint statement. This is shocking to the core where the Complainant is complaining about the prosecution excesses. The learned Prosecutor would submit that she would seek appropriate instructions. I would have permitted the same had there not been sufficient material placed before me to arrive at a considered decision. The material placed before me is prima facie adequate to enable me to consider the Petitioner's case more particularly in view of the medical condition of the Petitioner. 7. Learned Advocate for the Petitioner apprised the Court that the said tweet at Exhibit ‘F’ - page 100 has been subsequently deleted thereby, in my opinion, amounting to destroying the entire evidence that would be otherwise available to the prosecution to carry out the 3 of 4 3.WP.4144.2026.doc investigation. 8. I am not at all surprised as day in and day out such incidents are reported in newspapers and seen in the media as happening to all kinds of people. It is unfortunate that the Petitioner, who is the brother of the accused who is terminally ill cancer patient was also assaulted and that the Complainant was also assaulted and made to sign the FIR against the accused person. These are instances where the Constitutional Courts are required to step in and prevent any excesses by the law enforcement agencies on common people in society at large. 9. The ailments of the Petitioner’s brother are at a very advanced stage which impels me to consider the present Writ Petition. For all the above reasons, the Petition stands allowed in terms of prayer clause (a) which prima facie subsists at this stage. 10. Needless to state that it shall be open to the prosecution to take appropriate steps as available to them in law in regard to the concerned tweet appended at Exhibit ‘F’ - page No.100 of the Petition. 11. In view of the above, Writ Petition is allowed and disposed. [ MILIND N. JADHAV, J. ] Ajay 4 of 4 AJAY TRAMBAK UGALMUGALE Digitally signed by AJAY TRAMBAK UGALMUGALE Date: 2026.09.04 11:24:53 +0530