Sbw 10-WP-2786-2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.2786 OF 2026 Nitin Murlidhar Upasani … Petitioner V/s. State of Maharashtra & Anr. … Respondents Mr. Chaitanya Malgaonkar for the Petitioner. Mr. Ashish I. Satpute, APP, for the Respondent-State. ACP Mitke Sandip, Nashik City, present. CORAM : A. S. GADKARI AND KAMAL KHATA, JJ. DATE : 31st August, 2026 P.C.:- 1) According to us, an injunction restraining the Investigation Agency for lodgment of crime, even if a cognizable offence is prima facie made out, cannot be granted under the criminal jurisprudence. It is by now well settled position of law. 2) Learned Advocate for the Petitioner relied on certain Orders passed by the co-ordinate Bench restraining the Investigation Agency for lodgment of crime. It appears to us, that the concerned APP’s appearing in the matter did not point out to the co-ordinate Bench the correct legal 1/2 SANDHYA BHAGU WADHWA Digitally signed by SANDHYA BHAGU WADHWA Date: 2026.09.05 12:31:30 +0530 Sbw 10-WP-2786-2026.doc position and it is for that reason prohibitory Orders were passed. Even otherwise those being interlocutory Orders are not binding on this Court. 3) In view thereof, we find that there are no merits in the Petition seeking injunction from lodgment of crime by the Investigating Agencies. 4) Petition is accordingly dismissed in limine. (KAMAL KHATA, J.) (A.S. GADKARI, J.) 2/2