IN THE SUPREME COURT OF INDIA

[S.C.R. ORDER XXII RULE 3 (2)]

CRIMINAL APPELLATE JURISDICTION
SPECIAL LEAVE PETITION (CRL.) NO. OF 2023
(UNDER ARTICLE 136 OF THE CONSTITUTION OF INDIA
(WITH PRAYER FOR INTERIM RELIEF)

[Arising out of the final impugned order dated 04.10.2022 passed by the Hon'ble High

Court of Judicature at Bombay in Anticipatory Bail Application No. 2138 of 2022

with Intervention Application (ST) No. 16973 of 2022]

IN THE MATTER OF:

DR. POONAM KEDARNATH YADAV PETITIONER
VERSUS
THE STATE OF MAHARASHTRA & ANR. RESPONDENTS
WITH

CRL. M.P. NO. OF 2023

APPLICATION FOR EXEMPTION FROM FILING CERTIFIED COPY
OF THE FINAL IMPUGNED ORDER
AND
CRL.M.P. NO. OF 2023
APPLICATION FOR EXEMPTION FROM FILING OFFICIAL
TRANSLATION
AND
CRL.M.P. NO. OF 2023
APPLICATION FOR CONDONATION OF DELAY IN FILING
SPECIAL LEAVE PETITION

PAPER BOOK
[KINDLY SEE THE INDEX INSIDE]

ADVOCATE FOR THE PETITIONER: USHA NANDINI V.

 RECORD OF PROCEEDINGS

SL. NO. DATE OF PROCEEDINGS PAGE NO.

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.

14.

15.

16.

17.

18.

19.

20.
 INDEX
Sl. No. Particulars of documents Page No. of part to which it Remarks
belongs
Part 1 Part II
(Contents of (Contents of
Paper book) file alone)
(i) (ii) (iii) (iv) (v)
1. Court fees
2. O/R on Limitation A A
3. Listing Proforma A1-A2 A1-A2
4. Cover Page of Paper Book A-3
5. Index of Record Proceedings A-4
6. Limitation Report prepared by the A-5
Registry
7. Defect List A-6
8. Note Sheet
9. Synopsis & List of Dates B-N
10. Arising out of the final impugned
order dated 04.10.2022 passed by
the Hon'ble High Court of 1-2
Judicature at Bombay in
Anticipatory Bail Application No.
2138 of 2022 with Intervention
Application (ST) No. 16973 of
2022.
11. Special Leave Petition with 3-12
Affidavit
12. APPENDIX
Relevant portion of under Section 13-16
376, 376(2)(n), 377, 323, 328,
420, 506 of Indian Penal Code,
1860.
13. ANNEXURE P-1
A true translated copy of First 17-25
Information Report bearing FIR
No. 156 of 2022 registered before
the Turbhe MIDC Police Station,
Navi Mumbai on dated
08.06.2022.
14. ANNEXURE P-2
A true copy of the application 26-32
under Section 438 of Cr. P.C.
filed before the before the Ld.
District & Sessions Judge, Thane
at Thane, Maharashtra in Ant.
Bail No. 2563 of 2022 dated
01.07.2022.
15. ANNEXURE P-3
A true copy of the order dated 33-37
01.08.2022 passed by the Ld.
Additional Sessions Judge,
Thane, Maharashtra in A.B.A.
No. 2563 of 2022.
16. ANNEXURE P-4
A true copy of the Anticipatory 38-52
Bail No. 2138 of 2022 filed
before the Hon’ble High Court of
Judicature at Bombay on dated
03.08.2022.
17. ANNEXURE P-5 53-56
A true copy of the order dated
05.08.2022 passed by the Hon’ble
High Court of Judicature at
Bombay in Criminal Anticipatory
Bail Application No. 2138 of
2022.
18. ANNEXURE P-6
A true copy of the order dated 57
25.08.2022 passed by the Hon’ble
High Court of Judicature at
Bombay in Anticipatory Bail
Application No. 2138 of 2022.
19. ANNEXURE P-7
A true copy of the Application of
the Intervener filed before the 58-63
Hon’ble High Court of Judicature
at Bombay in Interim Application
(Criminal) No. 16973 of 2022 in
Anticipatory Bail Application No.
2138 of 2022 (For Intervention)
in Criminal Application No. 2138
of 2022 dated 04.10.2022.
20. ANNEXURE P-8
A true copy of the Cause List
dated 04.10.2022 issued by the 64-68
Hon’ble High Court of Judicature
at Bombay showing Item No. 13.
21. ANNEXURE P-9
A true copy of the Criminal Writ
Petition (St) No. 213 of 2022 69-92
before the Hon’ble High Court of
Judicature at Bombay on dated
29.11.2022.
22. ANNEXURE P-10
A true copy of the affidavit filed 93-129
before the Hon’ble High Court of
Judicature at Bombay in Criminal
Writ Petition No. 213 of 2023 on
dated 24.03.2023.
23. ANNEXURE P-11
A true copy of order dated 130-131
31.03.2023 passed by the Hon’ble
High Court of Judicature at
Bombay in Criminal Writ Petition
No. 213 of 2023.
24. ANNEXURE P-12
A true copy of order dated 132
18.04.2023 passed by Hon’ble
High Court of Judicature at
Bombay in Criminal Writ Petition
No. 213 of 2023.
25. CRL. M.P. NO. OF 2023 133-134
Application for exemption from
filing certified copy of the final
impugned order.
26. CRL. M.P. NO. OF 2023 135-136
Application for exemption from
filing official translation.
27. CRL. M.P. NO. OF 2023 137-138
Application for condonation of
delay in filing Special Leave
Petition.
28. F/M 139
29. V/A 140
30. FIR Format 141
31. Memo of Parties 142
 A
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
SPECIAL LEAVE PETITION (CRL.) NO. OF 2023

IN THE MATTER OF:

DR. POONAM KEDARNATH YADAV PETITIONER
VERSUS
THE STATE OF MAHARASHTRA & ANR. RESPONDENTS

OFFICE REPORT ON LIMITATION

1. The Petition is/are within time

2. The Petition is barred by time and there is delay of ___ days in filing the

same against interim order dated 04.10.2022 and Petition for condonation

of delay has been filed.

3. There is delay of _________days in re-filing the petition and Petition for

Condonation of ______days delay in re-filing has been filed.

BRANCH OFFICER
Place: New Delhi
Dated: 08.05.2023
 A-1
PROFORMA FOR FIRST LISTING
SECTION
The case pertains to (Please tick / check the correct box:
Central Act: (Title) INDIAN PENAL CODE
Section: Under Section 376, 376(2) (n), 377,
323, 328, 420, 506 of Indian Penal
Code, 1860.
Central Rule: (Title) N.A.
Rule No(s) N.A.
State Act: N.A.
Section: N.A.
State Rule: (Title) N.A.
Rule No(s) N.A.
Impugned Interim Order: (Date) N.A.
Impugned Interim Order / 04.10.2022
Decree: (Date)
High Court: (Name) Hon’ble High Court of Judicature
at Bombay
Names of Judges: Hon’ble Smt. Justice Bharati
Dangre
Tribunal / Authority: (Name) N.A.

1. Nature of Matter Civil H Criminal

2. (a) Petitioner / Appellant No. 1: DR. POONAM KEDARNATH

YADAV
(b) E-mail Id: N.A.
(c) Mobile Phone Number: N.A.
3. (a) Respondent No. 1: THE STATE OF
MAHARASHTRA & ANR.
(b) E-mail Id: N.A.
(c) Mobile Phone Number N.A.
4. (a) Main Category Classification. 1400 Criminal Matters
 A-2

(b) Sub Classification: 1407 Others

5. Not to be listed before: N.A.
6. (a) Similar disposed of matter with citation, if any, & case details:
No similar matter has been disposed-off by this Hon’ble Court.
(b) Similar pending matter with case details:
No similar matter is pending before this Hon’ble Court.
7. Criminal Matters:
(a) Whether accused / convict has surrendered: Yes No.
(b) FIR No. 1256/2022 Dates: 08.06.2022
(c) Police Station:Turbhe MIDC Police Station, Navi Mumbai,
Maharashtra.
(d) Sentence Awarded: Not Applicable
(e) Period of sentence undergone including period of Under Trial
detention / custody undergone:
8. Land Acquisition Matters:
(a) Date of Section 4 notification: N.A.
(b) Date of Section 6 notification: N.A.
(c) Date of Section 17 notification: N.A.
9. Tax Matters: Sate the tax effect: N.A.
10. Special Category (First Petitioner / Appellant only):
Senior Citizen > 65 Years SC / ST Woman /Child
Disabled Legal Aid Case in Custody
11. Vehicle Number (in case of Motor Accident Claim Matters): N.A.

Place: New Delhi

Date: 08.05.2023
USHA NANDINI V.
Advocate for the Petitioner
Registration No. 1925
E-Mail: [email protected]
 B
SYNOPSIS

The Petitioner victim is a doctor and she has been in this noble profession

since 6 years. On her shoulder lies responsibility of her family members.

The Petitioner is constrained to file the instant petition for Special Leave,

against the final impugned order dated 04.10.2022 passed by the Hon'ble High Court

of Judicature at Bombay in Anticipatory Bail Application No. 2138 of 2022 with

Intervention Application (ST) No. 16973 of 2022, whereby the Hon’ble High Court

disposed off the above mentioned Anticipatory Bail Application along with

Intervention Application.

The First Information Report bearing FIR 0156 of 2022 lodged on

08.06.2022 at Turbhe Police Station. The Investigation Officer’s approach has

been evidently supportive in favour of Respondent No. 2 Aditya Anil Rane,

who was never ever arrested since 08.06.2022, after lodging the said FIR,

though having committed serious crime under.

The Petitioner who being victim of friendship, rape and eventual

blackmailing with a threatening by the Respondent No. 2 accused to reveal

Petitioner’s nude photographs and video clips on social media and to her

family members, the Petitioner mustered courage to file FIR 0156 of 2022

against the Respondent No. 2 accused at Turbhe Police Station, New Mumbai.

At the time of filing the FIR 0156 of 2022, the Petitioner had also given out the

facts in respect of the money extracted by the Respondent No. 2 accused under

pretext of preparation for marriage.

 C
The Respondent No. 2 accused was greatly supported by Investigation

Officer (IO) Smt. Pradnya Munde, who on behalf of the accused implicitly

proposed to settle the monetary claim of the Petitioner victim out of the court

settlement. The Respondent No. 2 approached the Ld. Session Court, Thane for

anticipatory bail vide Anticipatory Bail Application No. 2563/2022, which was

rightly rejected by the Ld. Session Court, Thane, vide order dated 01.08.2022,

where the Ld. Session Court has recorded its observation in clear terms for

rejection of anticipatory bail at para no. 14 and 15 of the said order.

The Respondent No. 2 accused filed Criminal Application by invoking

criminal appellate jurisdiction of the Hon’ble Court on 03.08.2022, however,

no order dated 01.08.2022 of Ld. Session Court was filed on 03.08.2022,

against which the very Criminal Application for Anticipatory Bail was

preferred by the counsel of Respondent No. 2 accused. The registry of Hon’ble

High Court had allowed the filing of Criminal Application 2138/2022, with an

undertaking that the Petitioner will provide the certified copy of FIR 0156 of

2022 and order of Ld. Session Court within 2 weeks’ time.

The Petitioner was able to know about the Criminal Application No.

2138/2022 filed by the accused Respondent no. 2 only on 07.08.2022 from the

IO, who kept mum even after knowing that it was listed on 05.08.2022 and

who purposefully kept the Petitioner in dark about such an application.

The Criminal Application No. 2138/2022 was listed on 05.08.2022, and

the Hon’ble High Court proceeded to hear the Respondent No. 2 accused’s
 D

counsel on 05.08.2022, without Ld. Session Court’s order that was crucial to

get the hang of the entire case i.e., order dated 01.08.2022 without being

available on the record against which the Criminal Application was filed

invoking criminal appellate jurisdiction. The copies were served upon the

prosecution but no copy of criminal application was ever served upon the

Petitioner victim that could afford her, any opportunity to oppose the Criminal

Application 2138/2022 filed by the Respondent No. 2.

As no copy was served upon the Petitioner victim, the order dated

05.08.2022, that was passed ex-parte by the Hon’ble Bench of High Court was

ex-parte and is by and large based on the facts extracted that were presented by

the counsel of Applicant i.e., the Respondent no. 2, in his Anticipatory criminal

application no. 2138/2022. The 1st para of the operative part of the order dated

05.08.2022 had already granted him the regular bail in a situation if the Petition

is apprehended by the Police. Upon furnishing the P.R. bond to the extent of

Rs. 25,000/- with one or two sureties of the like amount, in the event the

respondent no. 2 accused is apprehended by the Turbhe MIDC Police Station,

which is nothing but an interference with the executive function of ‘State’ in

the back drop of the fact that are provided at para no. 14 and 15 of the said

order dated 01.08.2022 of Ld. Session Court that rejected the anticipatory bail

application of the accused, which was never available with the Hon’ble High

Court of Bombay to pass any order without going through the said order.

On the next date of hearing i.e., on 25.08.2022, the Hon’ble High Court of
 E

Bombay was pleased to continue the interim protection in favour of the

applicant accused Respondent no. 2 and also recorded the fact that the

complainant was present and that the Petitioner wants to engage service of a

counsel vide order dated 25.08.2022.

The order dated 01.08.2022 of the Session Court, Thane, was uploaded

only on 04.08.2022 on the E-Courts government website, and the date of its

uploading is revealed by the order itself. The order was available only on

04.08.2022 and a certified copy could have been procured by the accused

counsel on 04.08.2022 or 05.08.2022, but the counsel of the Respondent no. 2

accused did not submit it to the Hon’ble High Court and nor did the Registry

nor the Hon’ble Court of Bombay ever asked for its copy even till the final

order dated 04.10.2023 which is evidenced by the ‘Cause List’ dated

04.10.2022 retrieved from the website of the Hon’ble High Court of Bombay.

The Respondent No. 2 accused procured order dated 05.08.2022 and

25.08.2022 granting and continuing him the protection from arrest without

annexing the order dated 01.08.2022 to Criminal Application (Criminal

Appellate Jurisdiction) against which the applicant accused had approached the

Hon’ble High Court for seeking anticipatory bail from the Hon’ble High Court.

On 04.10.2022, i.e., on the date of hearing the Petitioner victim sought

intervention through Intervention Application (ST) No. 16973/2022 in

Criminal Application No. 2138/2022.

However, the day on which the Intervention Application was filed i.e., on
 F

04.10.2022, it was set aside and the Respondent No. 2 accused was granted

anticipatory bail on the basis of apparent compliance done as per the earlier

Interim Protection order dated 05.08.2022, which was passed ex-parte, without

any intimation to the Petitioner by the Investigation Officer and without the

Hon’ble setting a pre-condition that Complainant needs to be made party.

The order dated 05.08.2022 of Hon’ble High Court that was passed

awarding protection from arrest was passed without hearing the Complainant,

without even having a look at order dated 01.08.2022 by the Hon’ble High

Court since the order was not annexed by the Respondent No. 2 for which an

undertaking was given by the accused’s advocate on the ‘Presentation Form’.

The Investigation Officer in charge of investigation Smt. Pradnya

Murlidhar Munde has been supporting the accused since the filing of FIR 0156

of 2022 for the best reasons known to her (IO), who did not sincerely and

honestly made efforts to arrest the Respondent no. 2 accused and on the

contrary the Investigation Officer also put forth proposal on behalf of the

family members of the accused to initiate out of the court settlement in respect

of money taken by the Respondent no. 2 accused for marriage preparations of

accused rapist with the Petitioner.

A writ petition WP/213/2022 has been filed by the Petitioner to change

the Investigation Officer to the Hon’ble High Court of Bombay. However, the

Petition has not yield any justice since of late it has been found that the IO has

already filed the Charge Sheet that manifest gross misrepresentation and
 G

lacunas and aim to benefit the accused. Moreover, the IO have submitted her

Affidavit with varied averments with contraindications and are in nature of

perjury in respect of arrest of the Respondent No. 2.

The Petitioner fails to find any iota of sincerity and integrity in the IO

who has supported the accused rapist and who did not oppose the anticipatory

bail of the accused on 05.08.2022 before the Hon’ble High Court of Bombay.

The accused rapist would further spoil lives of other vulnerable girls for his

lust and carnal desires as complained by the Petitioner in her additional and

supplementary statements given to the IO by befriending them, luring them

into marriage, extracting money under pretext of marriage, raping them

unabated and eventually deserting and blackmailing them like the accused has

subjected the Petitioner to. The Petitioner failed to resurrect any sense of

constitutional duty and responsibility bestowed upon IO’s shoulder by the

Police Department as for her (IO), her (IO) job is nothing more than a mere

government employment to earn salary devoid of any real duty and

responsibility towards society coupled with dishonesty and insincerity, which

is evidenced by her own averments in the Affidavit in reply filed in

WP/213/2022.

The Petitioner therefore had sought for re-investigation of the offence

committed by Respondent No. 2 and also needs a recommendation of

guidelines to be framed by the Hon’ble Supreme Court to direct the Parliament

to make an amendment in Cr.P.C. in respect of entertaining anticipatory

 H

criminal bail applications by Sessions and High Court under Section 438 of

Cr.P.C.

The Petitioner has been advised that the grant of the anticipatory bail by

the Ld. Single judge cannot be assailed in the said Writ Petition WP/213/2022,

because no writ of certiorari will lie against another coordinate bench, even

where the bench is that of a single bench. The Petitioner has therefore been

advised that the only means to get this great miscarriage of justice undone is to

invoke the jurisdiction of this Hon’ble Court under Article 136.

LIST OF DATES
2021 The Petitioner victim came into contact with the accused

rapist Respondent No. 2, who proposed and assured her to

marry and also exploited her sexually.

August 2021 The Petitioner victim was raped by the accused rapist

March 2021 to The Respondent Accused No. 2 promised to marry and for

March 2022 its preparation took money from the petitioner victim, later

extorted more money also molested, raped, threatened and

blackmailed her at his rented place at Lodha Palava,

Dombivili Thane.

April 2022 The Petitioner victim found out accused rapist relations

with other girls too and his unethical expectations involving

other girls in the sexual acts.

 I

May 2022 The Petitioner victim stopped responding to the accused

rapist demands and made up the mind to lodge an FIR.

02.04.202 A girl named Alisha Nicholas alerted the Petitioner about

accused rapist and his immoral activities.

08.06.2022 An First Information Report bearing FIR No. 156 of 2022

was lodged before the Turbhe MIDC Police Station, Navi

Mumbai, Maharashtra. A true translated copy of First

Information Report bearing FIR No. 156 of 2022 registered

before the Turbhe MIDC Police Station, Navi Mumbai on

dated 08.06.2022 is annexed herewith and marked as

ANNEXURE P-1 (PAGES 17 TO 25).

22.08.2022 Additional Statement was given by the Petitioner victim

before The Investigating Officer, pursuant to the order of

the Ld. District & Session Judge.

08.06.2022 The Respondent No. 9 has been casual and lethargic to

investigate. Moreover, she did not arrest the accused to

conduct his custodial enquiry. She helped him to get

anticipatory bail. Her role is under clouds of doubt and

suspicion.

01.07.2022 Respondent No. 2 filed a Anticipatory Bail Application

bearing Ant. Bail No. 2563 of 2022 before the Ld. District
 J

& Sessions Judge, Thane at Thane, Maharashtra on dated

01.07.2022. A true copy of the application under Section

438 of Cr. P.C. filed before the before the Ld. District &

Sessions Judge, Thane at Thane, Maharashtra in Ant. Bail

No. 2563 of 2022 dated 01.07.2022 is annexed herewith

and marked as ANNEXURE P-2 (PAGES 26 TO 32).

01.08.2022 The Ld. Session Court passed the order rejecting the

anticipatory bail application of the accused rapist. A true

copy of the order dated 01.08.2022 passed by the Ld.

Additional Sessions Judge, Thane, Maharashtra in A.B.A.

No. 2563 of 2022 is annexed herewith and marked as

ANNEXURE P-3 (PAGES 33 TO 37).

03.08.2022 Respondent No. 2 herein filed Anticipatory Bail No. 2138

of 2022 before the Hon’ble High Court of Judicature at

Bombay on dated 03.08.2022. A true copy of the

Anticipatory Bail No. 2138 of 2022 filed before the

Hon’ble High Court of Judicature at Bombay on dated

03.08.2022 is annexed herewith and marked as

ANNEXURE P-4 (PAGES 38 TO 52).

05.08.2022 The Hon’ble High Court of Bombay provided purported

interim protection vide order dated 05.08.2022 without

 K
having filed the copy of order dated 01.08.2022 wherein

important observations for not granting the bail were made.

A true copy of the order dated 05.08.2022 passed by the

Hon’ble High Court of Judicature at Bombay in Criminal

Anticipatory Bail Application No. 2138 of 2022 is annexed

herewith and marked as ANNEXURE P-5 (PAGES 53 TO

56).

25.08.2022 The Hon’ble high Court allowed the Petitioner victim to

engage a lawyer however continued to provide interim

protection to the accused. A true copy of the order dated

25.08.2022 passed by the Hon’ble High Court of Judicature

at Bombay in Anticipatory Bail Application No. 2138 of

2022 is annexed herewith and marked as ANNEXURE P-6

(PAGES 57).

04.10.2022 The Hon’ble high Court passed and order by stating the age

of the Petitioner victim by saying that the Petitioner victim

knew the consequence of her act a remark lewd enough to

eventually take advantage of the same in the trial court. A

true copy of the Application of the Intervener filed before

the Hon’ble High Court of Judicature at Bombay in Interim

Application (Criminal) No. 16973 of 2022 in Anticipatory

 L
Bail Application No. 2138 of 2022 (For Intervention) in

Criminal Application No. 2138 of 2022 dated 04.10.2022 is

annexed herewith and marked as ANNEXURE P-7

(PAGES 58 TO 63).

A true copy of the Cause List dated 04.10.2022 issued by

the Hon’ble High Court of Judicature at Bombay showing

Item No. 13 is annexed herewith and marked as

ANNEXURE P-8 (PAGES 64 TO 68).

29.11.2022 Petitioner herein filed Criminal Writ Petition (St) No. 213

of 2022 before the Hon’ble High Court of Judicature at

Bombay on dated 29.11.2022. A true copy of the Criminal

Writ Petition (St) No. 213 of 2022 before the Hon’ble High

Court of Judicature at Bombay on dated 29.11.2022 is

annexed herewith and marked as ANNEXURE P-9

(PAGES 69 TO 92).

07.12.2022 The Petitioner victim has filed Writ petition Writ Petition
Criminal No. 213 of 2022 for change of IO and the
Petitioner has been advised that the grant of the anticipatory
bail by the Ld. Single judge cannot be assailed in the said
writ petition because no writ of certiorari will lie against
another coordinate bench, even where the bench is that of a
single bench.
24.03.2023 Petitioner herein filed an Affidavit before the Hon’ble High
 M

Court of Judicature at Bombay in Criminal Writ Petition

No. 213 of 2023 on dated 24.03.2023. A true copy of the

affidavit filed before the Hon’ble High Court of Judicature

at Bombay in Criminal Writ Petition No. 213 of 2023 on

dated 24.03.2023 is annexed herewith and marked as

ANNEXURE P-10 (PAGES 93 TO 129).

31.03.2023 An order dated 31.03.2023 was passed by the Hon’ble High

Court of Judicature at Bombay in Criminal Writ Petition

No. 213 of 2023, recording the facts that it appears that the

petition was taken up for the first time by this court on 13th

January 2023 and by that time, the charge-sheet had already

been filed by the Investigation officer. That being so, the

Investigating Officer is right in her submission that there

was no occasion for her to inform this court before filing of

the charge-sheet and it being a fact indeed, we accept her

explanation. A true copy of order dated 31.03.2023 passed

by the Hon’ble High Court of Judicature at Bombay in

Criminal Writ Petition No. 213 of 2023 is annexed

herewith and marked as ANNEXURE P-11 (PAGES 130

TO 131).

18.04.2023 On 18.04.2023 an order was passed by the Hon’ble High

 N
Court of Judicature at Bombay in Criminal Writ Petition

No. 213 of 2023 awarding leave to amend to annex copy of

charge-sheet and to incorporate pleadings in the Petition,

pointing out the deficiency in the investigation if any.

Amendment be carried out within a period of two weeks

from today and an amended copy of Petition be served

upon the learned A.P.P. within the same stipulated period.

A true copy of order dated 18.04.2023 passed by Hon’ble

High Court of Judicature at Bombay in Criminal Writ

Petition No. 213 of 2023 is annexed herewith and marked

as ANNEXURE P-12 (PAGES 132).

04.05.2023 Hence the above mentioned Special Leave Petition.

1 1
 2

//True Copy//
 3

IN THE SUPREME COURT OF INDIA

[S.C.R. ORDER XXII RULE 3 (2)]
CRIMINAL APPELLATE JURISDICTION
SPECIAL LEAVE PETITION (CRL.) NO. OF 2023
(UNDER ARTICLE 136 OF THE CONSTITUTION OF INDIA
(WITH PRAYER FOR INTERIM RELIEF)
[Arising out of the final impugned order dated 04.10.2022 passed by the Hon'ble High
Court of Judicature at Bombay in Anticipatory Bail Application No. 2138 of 2022
with Intervention Application (ST) No. 16973 of 2022]

POSITION OF THE PARTIES

BETWEEN: Before The Before This
High Court Hon’ble Court
DR. POONAM KEDARNATH YADAV,
R/O. 302, SECTOR 28, OMKAR INTERVENOR
APARTMENT, NERUL (WEST), NAVI / APPLICANT / PETITIONER
MUMBAI, MAHARASHTRA. PROPOSED
RESPONDENT
VERSUS

1. STATE OF MAHARASHTRA
THROUGH STATION HOUSE
OFFICER, POLICE STATION RESPONDENT CONTESTING
TURBHE MIDC, NAVI MUMBAI, NO. 1 RESPONDENT
MAHARASHTRA. NO.1

2. ADITYA ANIL RANE

R/O 203, SWAMI V. N. PURAV CONTESTING
MARG, CHUNABHATTI, MUMBAI, RESPONDENT RESPONDENT
MAHARASHTRA. NO. 2 NO.2

SPECIAL LEAVE TO APPEAL AGAINST THE FINAL IMPUGNED

ORDER DATED 04.10.2022 PASSED BY THE HON'BLE HIGH COURT OF
JUDICATURE AT BOMBAY IN ANTICIPATORY BAIL APPLICATION NO.
2138 OF 2022 WITH INTERVENTION APPLICATION (ST) NO. 16973 OF
2022
TO
THE HON'BLE CHIEF JUSTICE OF INDIA
AND HIS OTHER COMPANION JUDGES OF
THIS HON'BLE SUPREME COURT OF INDIA
THE HUMBLE PETITION OF THE
PETITIONER ABOVE NAMED
 4

MOST RESPECTFULLY SHOWETH:

1. That the present Special Leave Petition has been filed against final

impugned order dated 04.10.2022 passed by the Hon'ble High Court of

Judicature at Bombay in Anticipatory Bail Application No. 2138 of 2022 with

Intervention Application (ST) No. 16973 of 2022, whereby the Hon’ble High

Court disposed off the above mentioned Anticipatory Bail Application along

with Intervention Application, whereby the Hon’ble High Court erroneously

granted anticipatory bail to the accused who is an anti-social element, a

rapist and who have devastated lives of many girls and women. The

accused has been making intimate scene of his relationship viral and had

threatened the Petitioner to do so.

2. QUESTION OF LAW

The following questions of law arise for consideration by this Hon’ble

Court:

The Present petition for special leave to appeal inter alia raises the

following important questions of law of general public importance:

A. Whether the Hon’ble High Court failed to consider the fact that the

Applicant accused anticipatory bail was rejected not just on account of rape

that he committed on Petitioner victim with a promise to marry her and that

he had also trapped other women into his friendship, developed physical

relations and later blackmailed them by causing the intimate scenes that

were recorded secretly to become viral.

 5

B. Whether the Hon’ble High Court failed to consider the fact that the

Respondent accused when applied for anticipatory criminal bail vide

Criminal Application No. 213/2022 to the Hon’ble High Court, had

purposefully not annexed the copy of order dated 01.08.2022 passed by the

Ld. Session Court that also spoke about the tendency of the Respondent no.

2 accused to sexually exploit other women?

C. Whether the Hon’ble High Court failed to provide opportunity of being

heard to the Counsel of the Petitioner the rape victim to adequately explain

and oppose the anticipatory bail in the very backdrop of the fact that the

Investigation Officer has been allegedly supportive to the Respondent no. 2

accused to remain at large?

D. Whether the Hon’ble High Court erred in being prejudicial to the interest of

the Petitioner victim by referring to her age and that she had the knowledge

of consequence of the act?

E. Whether the impugned order passed by the Hon’ble High Court of Bombay

dated 05.08.2022 and the impugned order dated 04.10.2022 that cited age

of the Petitioner would have greater negative impact and ramification at the

trial court that may result into acquittal of the Respondent no. 2 accused

rapist?

F. Whether the Hon’ble High Court while granting the anticipatory bail has

any jurisdiction to record any observation inflicting dis-advantageous on

the rape victim, further tarnishing her image, who is already under trauma
 6

of being subjected to inexplicable situation in life, where she seems to have

lost everything?

3. DECLARATION IN TERMS OF RULE 2 (2):

The Petitioner states that he has filed no other petition seeking Special

Leave to Appeal against the final impugned order dated 04.10.2022 passed by

the Hon'ble High Court of Judicature at Bombay in Anticipatory Bail Application

No. 2138 of 2022 with Intervention Application (ST) No. 16973 of 2022.

4. DECLARATION IN TERMS OF RULE 5:

The Annexures P-1 to P-12 are true copies of the pleadings / documents

which formed part of the records of the case in the Court below against

whose order the special leave to appeal is sought in this petition.

5. GROUNDS

That Special Leave to Appeal is sought for on, inter alia, the following

grounds, which are urged in the alternative and are set out strictly without

prejudice to each other. That being aggrieved and dissatisfied by the

impugned judgment and order, the Petitioner seeks to challenge the same

on the following, amongst other grounds, which are taken in the alternative

and without prejudice to one another: -

A) That the role of the Hon’ble Bench of High Court in proceeding is thus vitiated

and suffers from the greatest infirmity and the opinion formed on the offence of

rape, committed by the accused rapist i.e., Respondent no. 2 is absolutely lope-

sided inadvertently though, but supporting the claim of the applicant accused,
 7

whose counsel endeavoured to give a tinge of civil dispute to the offence of rape

by highlighting the monetary transactions between the Petitioner and the accused.

The order dated 05.08.2022 is absolutely uncalled for and prejudicial to the

interest of the Petitioner victim, and portrays her in bad light as if she owing to

her age she has consented and reciprocated with the accused rapist to commit

heinous crime of rape against her.

B) That the order dated 05.08.2022 of Hon’ble High Court of Bombay does not

records the fact that no order dated 01.08.2022 was available on the record. The

Hon’ble Court also failed to record the same in its order dated 25.08.2022. The

Hon’ble Court made the order of interim protection granted vide order dated

05.08.2022 absolute by passing a final order dated 04.10.2022, without going

through order dated 01.08.2022 passed by the Ld. Session Court.

C) That the Respondent No. 2 accused is the anti-social element, who has not

only exploited the Petitioner victim but has also exploited the other women

in past and thus his interrogation from that perspective is very much

necessary which the Assistant Public Prosecutor failed to argue in the Court

on 05.08.2022, since the interim protection granted to the Respondent no. 2

vide order dated 05.08.2022 paved the way to easily procure anticipatory

bail vide order dated 04.10.2022.

6. GROUNDS FOR INTERIM RELIEF

Interim relief is prayed for on the following grounds:

 8
A. Because the impugned Order apparently is manifestly erroneous as the

Hon’ble High Court granted bail to the Respondent no. 2 despite the fact

that much deeper interrogation of Respondent no. 2 accused was needed in

the interest of society and law since he had been involved in befriending

girls and women assuring them to marry and have been maintaining

relations with them and eventually resorting to black mail them with the

photographs and videos taken secretly with a threatening to make them

viral on social media.

B. Because the balance of convenience lies in the favour of the Petitioner

against the respondent.

7. MAIN PRAYER

In the facts and circumstances above-mentioned, the Petitioner most

respectfully prays that this Hon'ble Court may be graciously pleased to:

a. Grant Special Leave to appeal under Article 136 of the Constitution of

India against final impugned order dated 04.10.2022 passed by the Hon'ble High

Court of Judicature at Bombay in Anticipatory Bail Application No. 2138 of

2022 with Intervention Application (ST) No. 16973 of 2022; and

b. Pass such other orders as this Hon’ble Court deems fit and proper in the

facts and circumstances of the case.

8. PRAYER FOR INTERIM RELIEF

It is, therefore, most respectfully prayed that this Hon'ble Court be pleased
to:-
 9
a) Grant an ad-interim relief by staying the operation of the final impugned

order dated 04.10.2022 passed by the Hon'ble High Court of Judicature at

Bombay in Anticipatory Bail Application No. 2138 of 2022 with Intervention

Application (ST) No. 16973 of 2022; and

b) Direct the investigation to be conducted de novo by substitution of I.O.

having committed gross dereliction of her duties; and

c) Pass any other and such further orders as this Hon’ble Court may deem fit

and proper in the facts and circumstances of this case.

AND FOR THE ACT OF KINDNESS THE PETITIONER AS IN DUTY

BOUND SHALL EVER PRAY.

Drawn by:
NEDUMPARA & NEDUMPARA
ADVOCATES

Filed by

USHANA NANDINI V.
ADVOCATE FOR THE PETITIONER
Drawn on: 28.04.2023
Place: New Delhi
Dated: 08.05.2023
 10

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION
SPECIAL LEAVE PETITION (CRL.) NO. OF 2023
IN THE MATTER OF:
DR. POONAM KEDARNATH YADAV PETITIONER
VERSUS
THE STATE OF MAHARASHTRA & ANR. RESPONDENTS

CERTIFICATE

Certified that the Special Leave Petition is confined only to the pleadings before

the Court whose Order is challenged and the other documents relied upon in

those proceedings. No additional facts, documents or grounds, except the

document filed and the application for bringing on additional record document,

have been taken therein or relied upon in the Special Leave Petition. It is further

certified that the copies of the Documents /Annexures attached to the Special

Leave Petition are necessary to answer the questions of law raised in the

petition or to make out grounds urged in the Special Leave Petition for

consideration of this Hon'ble Court. This certificate is given based on the

instructions given by the Petitioner /person authorized by the Petitioner whose

Affidavit is filed in support of the Special Leave Petition.

Filed by

USHA NANDINI V.
ADVOCATE FOR THE PETITIONER
Place: New Delhi
Dated: 08.05.2023
 11

B N

3 10

133 138
12
 13

APPENDIX
RELEVANT PORTION OF UNDER SECTION 376, 376 (2) (N), 377, 323,
420, 506 OF INDIAN PENAL CODE AND UNDER SECTION 438 OF
CRPC.
Section 323. Punishment for voluntarily causing hurt
Whoever, except in the case provided for by section 334, voluntarily causes
hurt, shall be punished with imprisonment of either description for a term which
may extend to one year, or with fine which may extend to one thousand rupees,
or with both.
Section 376. Punishment for rape.

(1) Whoever, except in the cases provided for in sub-section (2), commits rape,
shall be punished with rigorous imprisonment of either description for a term
which [shall not be less than ten years, but which may extend to imprisonment
for life, and shall also be liable to fine].
(2) Whoever,—
(a) Being a police officer, commits rape—
(i) Within the limits of the police station to which such police officer is
appointed; or
(ii) In the premises of any station house; or
(iii) On a woman in such police officer's custody or in the custody of a police
officer subordinate to such police officer; or
(b) Being a public servant, commits rape on a woman in such public servant's
custody or in the custody of a public servant subordinate to such public servant;
or
(c) Being a member of the armed forces deployed in an area by the Central or a
State Government commits rape in such area; or
(d) Being on the management or on the staff of a jail, remand home or other
place of custody established by or under any law for the time being in force or
 14

of a women's or children's institution, commits rape on any inmate of such jail,

remand home, place or institution; or

(e) Being on the management or on the staff of a hospital, commits rape on a

woman in that hospital; or

(f) Being a relative, guardian or teacher of, or a person in a position of trust or

authority towards the woman, commits rape on such woman; or

(g) Commits rape during communal or sectarian violence; or

(h) Commits rape on a woman knowing her to be pregnant; or

2*****
(j) Commits rape, on a woman incapable of giving consent; or
(k) Being in a position of control or dominance over a woman, commits rape on
such woman; or
(l) Commits rape on a woman suffering from mental or physical disability; or
(m) While committing rape causes grievous bodily harm or maims or disfigures
or endangers the life of a woman; or
(n) Commits rape repeatedly on the same woman, shall be punished with
rigorous imprisonment for a term which shall not be less than ten years, but
which may extend to imprisonment for life, which shall mean imprisonment for
the remainder of that person's natural life, and shall also be liable to fine.
Explanation. For the purposes of this sub-section,—
(a) "Armed Forces" means the naval, military and air forces and includes any
member of the Armed Forces constituted under any law for the time being in
force, including the paramilitary forces and any auxiliary forces that are under
the control of the Central Government or the State Government;

(b) "Hospital" means the precincts of the hospital and includes the precincts of
any institution for the reception and treatment of persons during convalescence
or of persons requiring medical attention or rehabilitation;
 15

(c) "Police Officer" shall have the same meaning as assigned to the expression
"police" under the Police Act, 1861 (5 of 1861);

(d) "Women's or children's institution" means an institution, whether called an

orphanage or a home for neglected women or children or a widow's home or an
institution called by any other name, which is established and maintained for the
reception and care of women or children.

[(3) Whoever, commits rape on a woman under sixteen years of age shall be
punished with rigorous imprisonment for a term which shall not be less than
twenty years, but which may extend to imprisonment for life, which shall mean
imprisonment for the remainder of that person's natural life, and shall also be
liable to fine:

Provided that such fine shall be just and reasonable to meet the medical
expenses and rehabilitation of the victim:

Provided further that any fine imposed under this sub-section shall be paid to
the victim.]

Section 377. Unnatural offences.

Whoever voluntarily has carnal intercourse against the order of nature with any
man, woman or animal, shall be punished with 1 [imprisonment for life], or
with imprisonment of either description for a term which may extend to ten
years, and shall also be liable to fine.

Explanation.—Penetration is sufficient to constitute the carnal intercourse

necessary to the offence described in this section.

Section 420. Cheating and dishonestly inducing delivery of property.

Whoever cheats and thereby dishonestly induces the person deceived to deliver
any property to any person, or to make, alter or destroy the whole or any part of
a valuable security, or anything which is signed or sealed, and which is capable
of being converted into a valuable security, shall be punished with
 16

imprisonment of either description for a term which may extend to seven years,
and shall also be liable to fine.

Section 506. Punishment for criminal intimidation.

Whoever commits the offence of criminal intimidation shall be punished with

imprisonment of either description for a term which may extend to two years, or
with fine, or with both;

If threat be to cause death or grievous hurt, etc. and if the threat be to cause
death or grievous hurt, or to cause the destruction of any property by fire, or to
cause an offence punishable with death or 1[imprisonment for life], or with
imprisonment for a term which may extend to seven years, or to impute
unchastity to a woman, shall be punished with imprisonment of either
description for a term which may extend to seven years, or with fine, or with
both.

//True Typed Copy//

 17

ANNEXURE P-1
FIRST INFORMATION REPORT
(Under Section 154 Cr. P.C.)
1. District: P.S.: Year: FIR No. Date:

Navi Mumbai Turbhe MIDC 2022 0156 08.06.2022

23.02

2. Act(s):

1 IPC 1860 Section(s): 376

2 IPC 1860 376 (2) (n)

3 IPC 1860 377

4 IPC 1860 323

5 IPC 1860 328

6 IPC 1860 420

7 IPC 1860 506

3. Occurrence of Offence:

(a) Day: Date From: 01.06.22 Date to: 08.01.22

Time Period: Time From: 19.00 Time To: 17.00

(b) Information Received at P.S. Date: 08.06.2022 Time: 21.00

(c) General Diary Reference: Entry No.: 054 Time: 23.02

4. Type of Information: Written

5. Place of Occurrence:

(a) Direction and Distance from P.S. North 4 KM Beat No.

 18

(b) Address: Sevhan Aux Hospital, Pavne, MIDC, Turbhe, Navi Mumbai.

(c) In case, Outside the limit of the

Police Station:

District:

Name of P.S.:

6. Complainant / Informant:

(a) Name: Poonam Kedarnath Yadav

(b) Father’s Name (c) Date of Birth 1992

(d) Nationality India (e) UID No.

(f) Passport No. Date of Issue:

Place of Issue:

(g) Id details (Ration Card, Voter ID Card, UID No., Driving License, PAN)

S. No. Id Type Id Number

(h) Occupation

(i) Address

Sl. No. Address Type Address

1. Present Address: 302, Sector 28, Omkar Apartment, Nerul

West, Navi Mumbai, Turbhe, MIDC, Navi

Mumbai.

2. Permanent Address: 302, Sector 28, Omkar Apartment, Nerul

West, Navi Mumbai, Turbhe, MIDC, Navi

Mumbai.
 19

(j) Phone Number

Mobile Number 91-8591634284

7. Details of Known / Suspect / Unknown accused with full particulars (attach

separate sheet if necessary):

S. Name Alias Relatives Name Address

No.
1. Adiya Anil Rane 203, Swami V.N. Purav

Marg, Chunabhatti, Navi

Mumbai, Maharashtra,

India.

8. Reason for delay in reporting by the complainant / informant:

9. Particulars of the properties stolen / involved (attach separate if necessary):

Sl. No. Property Property Type Description Value

Category

1. Nane Aani Indian 6,59,000/- 659,000.00

Chalam Currency

10. Total value of property stolen:

11. Inquest Report U/.D. Case No., if any:

12. F.I.R. Contents (attach separate sheet, if require):

20
21
22
23
24
 25

13. Action Taken Since the above information reveals commission of offence U/s. as

mentioned at item No. 2.

(i) Registered the case and took up the investigation OR

(ii) Directed (Name of the I.O.): Pavan Ashok Nandre

Rank: SI (Sub Inspector) No. :

(iii) Refused investigation due to: OR

(iv) Transferred to P.S. (name) on point of jurisdiction District:

F.I.R. read over to the complainant / informant admitted to be correctly recorded

and a copy given to the complainant / informant free of cost:

14. R.O.A.C.

Signature / Thumb Impression of the Signature of Officer

Complainant / Informant:

Name: Rajendra Manohar Avhad

Rank: Inspector
No. POBN69719

15. Date and Time of dispatch to the Court:

//True Translated Copy//

26

ANNEXURE P-2

2563
27
28
29
30
31
32

//True Copy//
 33
ANNEXURE P-3
IN THE COURT OF LD. ADDITIONAL SESSIONS JUDGE,
THANE, MAHARASHTRA
A.B.A. NO. 2563 OF 2022
34
35
36
 37

//True Copy//
 38

ANNEXURE P-4

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

ANTICIPATORY BAIL APPLICATION NO. 2138 OF 2022

District Thane

In the matter Section 438 of Code of Criminal Procedure, 1973

And

In the matter of C.R. No. 156 of 2022 registered with Turbhe MIDC Police Station.

And

In the matter of Section 376, 376 (2) (n), 323, 420 and 506 of Indian Penal Code

And

In the matter of order dated below Exhibit passed by the Learned Addl. Sessions
Judge, Thane, in Anticipatory Bail Application No. 2563 of 2022.

Aditya Anil Rane

Aged 29 Years, Occ. Business,

Residing at 203, Swami V.N. Purav Marg,

Chunabhatti, Mumbai. Applicant

Versus

The State of Maharashtra

At the instance of Sr. Inspector of Police

Turbhe MIDC Police Station

Vide their C.R. No. 156 of 2022. Respondent

39
40
41
42

42
43
 44
44
 45
45
 46

46
 47

47
 48

48
 49

49
 50

50
 51

51
 52
52

//True Copy//
53
ANNEXURE P-5
54
55
56

//True Copy//
 57
ANNEXURE P-6

//True Copy//
 58

ANNEXURE P-7
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION (CRIMINAL) NO. OF 2022
IN
ANTICIPATORY BAIL APPLICATION NO. 2138 OF 2022
(FOR INTERVENTION)
IN
CRIMINAL APPLICATION NO. 2138 OF 2022
(FOR ANTICIPATORY BAIL)
DISTRICT THANE
In the matter Section 438 of Code of Criminal Procedure;
And
In the matter of C.R. No. 156 of 2022 OF Turbhe MIDC Police Station UNDER
Section 376, 376 (2) (n), 323, 420, 506 IPC.
And
In the matter of order dated 01.08.2022 below Exhibit-1 passed by the Ld. Additional
Sessions Judge, Thane in Anticipatory Bail Application No. 2563 of 2022.
Ms. Poonam Kedarnath Yadav,
Age 30 Years, Occ. Doctor,
Residing at 302, Omkar Apartment, Plot No. 19,
Sector-28, Nerul (West), Navi Mumbai-400706. Intervener Applicant
Proposed Respondent
IN THE MATTER BETWEEN:
Aditya Anil Rane
Age 29 Years, Occ. Business
Residing at 203, Swami V.N. Purav Marg,
Chunabhatti, Mumbai. Applicant
Versus
The State of Maharashtra
At the instance of Sr. Inspector of Police
Turbhe MIDC Police Station
Vide their C.R. No. 156 of 2022. Respondent
59
60
61
62
63

//True Copy//
 64

ANNEXURE P-8

BOMBAY HIGHCOURT
DAILY MAIN CAUSELIST
For Tuesday The 4th October 2022
COURT NO. 19
SINGLE
AT 10:30 AM
HON'BLE SMT. JUSTICE BHARATI DANGRE

Sr. CASE NO. PARTIES ADVOCATES

AT 2.30 P.M.

1 ABA/2477/2021 MANDAKINI EKNATH KHADSE mohan tekavde

[Criminal] VS SANDESH DADASAHEB PATIL
UNION OF INDIA AND ANR
REMARK : (For Anticipatory Bail) Note:1) English translation is not filed. U. T. given. 2) Copy of original order
not annexed. U. T. accepted by Reg. Judl (II). 4) ASG waives service for R.Nos. 1 and 2. 5) APP for
Respondent/State. 6) Advocate Sandesh Patil filed note of appearance for Res. No. 2. 7) Affidavit in Reply filed
by Res. No. 2 is taken on record and kept at page Nos. 171 to 237. 8) Advocate for the applicant has filed copy
of charge-sheet in 8 volumes is kept herewith. 9)Order Communicated Court S. J. For Admission(at 2.30p.m)

WITH

BA/821/2022 GIRISH DAYARAM CHAUDHARI mohan tekavde

[Criminal] VS Shreeram Shirsat
UNION OF INDIA AND ANR
In
/0/

REMARK: (For Bail) : Note : 1) English translation of relevant order, Judgment is not filed U/T 2)
Photocopies annexed are not legible 137 to 142 U/T not rely upon 3) Small font pg. Nos. 64, 70, 112
U/T.(Coram : S. J.) For admn.##Coram: Smt. Anuja Prabhudessai, J. Circulation granted for 18/04/2022
Date:08/04/2022 For Reg(J)
With

IA/2128/2022 GIRISH DAYARAM CHAUDHARI mohan tekavde

[Criminal] VS mohan tekavde
UNION OF INDIA AND ANR Shreeram Shirsat
In
BA/821/2022

FIRST ON BOARD (FOB)

2 BA/511/2021 ABHIJIT ANANT BHOSALE THROUGH JAIL

[Criminal] VS
THE STATE OF MAHARASHTRA

03/10/2022 18:17:21 1/17

 65
DAILY MAIN CAUSE LIST COURT NO 19-FOR TUESDAY THE 4TH OCTOBER 2022 BOMBAY HIGHCOURT - 2 -

REMARK : Through Jail (For Bail) Note : IA No. 3074/2021 filed for directions for appearing in person is tagged
herewith for orders. 2) As per Court's order dated 14/06/2022, Letter alongwith copies of the instant application
has been sent to Legal Aid Service Committee, as Miss. Swapna Kode appointed Legal Aid
Counsel.(appointment order awaited) Court (SJ) For Admission

with

IA/3074/2021 ABHIJIT ANANT BHOSALE THROUGH JAIL

[Criminal] VS THROUGH JAIL
THE STATE OF MAHARASHTRA
In
BA/511/2021

FOR CIRCULATION (ANTICIPATORY BAIL APPLICATIONS)

3 ABA/831/2021 PRAVIN GOVIND DHASADE AND MARMIK SHAH

[Criminal] ANR.
VS
THE STATE OF MAHARASHTRA
REMARK : (For Anticipatory Bail) Note: 1)English translation is not filed. 2)Copies not served to P.P. 3) WF
short 4) Photocopies not legible pg no. 60-61, 66-68, 132-137, 138, 190-193-198 5) Underlines on pg no. 79, 80
6) H/W pg no. 83, 106, 111-115, 187, 190, 193-197 7) LM not proper pg no. 93-100 8)Typed FIR short 9) CR no.
short in prayer clause 10)IA 1449/2020 (for intervener) allowed vide court's order dated 22/12/2020, kept in
IInd part. 11) As per Court's order dated 22/12/2020, Adv. for applicant has carried out amendment by
impleading the name of complainant as Res. No. 2. 12)Note of appearance filed by advocate Meghana Gowalani
for R.No.2. 13)Affidavit in reply filed on 15/01/2021 is kept from Pg No.156 to 217. 14)Order communicated.
Court (SJ).#For Admission. (Coram: Smt. Bharati H. Dangre, J.) Circulation granted for 04/10/22. Date :
29/08/22 For Reg.(J)

4 ABA/1622/2022 HARISH BHIKHUBHAI PARMAR Lion Law

[Criminal] VS
STATE OF MAHARASHTRA
REMARK : (For Anticipatory Bail) Note : 1)Typed English Translation of relevant order Judgment is not
filed.U.T. given 2)Original FIR Copy not file.U.T. accepted by Reg. J. 3) order communicated. Court S. J. For
Admission. (Coram: Smt. Bharati H. Dangre, J.) Circulation granted for 04/10/22 Date : 05/09/22 For Reg.(J).

5 ABA/2497/2022 BHAVESH BHUPENDRA SHAH AND latika belindage

[Criminal] ANR
VS
STATE OF MAHARASHTRA
REMARK : (For Anticipatory Bail) Note : 1) Application does not accompany certified copy of the judgment or
order dated 25.08.2022 of trial Court and First Appellate Court, if any. U. T. accepted by Reg. Judl. (II). 2)
Typed english translation of relevant judgment or order is not filed. U. T. given. 3) CC of FIR is required. U. T.
accepted by Reg. Judl. (II). Court S. J. For Admission. (Coram: Smt. Bharati H. Dangre, J.) Circulation granted
for 04/10/22. Date : 26/09/22 For Reg.(J)

6 IA/3235/2022 GHANSHAM METHARAM KHATWANI WAHID AMIN SHAIKH

[Criminal] AND ANR. PRASHANT CHINTAMAN MOHITE
VS AKHILESH SINGH
STATE OF MAHARASHTRA AND SHARAD A. GHADGE
ANR. DEEPAK JAISWAL
In
ABA/1813/2019

03/10/2022 18:17:21 2/17

 66
DAILY MAIN CAUSE LIST COURT NO 19-FOR TUESDAY THE 4TH OCTOBER 2022 BOMBAY HIGHCOURT - 3 -

REMARK : ( For Intervener) Note : 1) English translation of relevant judgment or order is not filed. U. T. given.
2) The copy of application is not served to P. P. U. T. given. 3) ABA 1813/2019 is disposed on 04.08.2022. Court
S. J. For Admission. (Coram: Smt. Bharati H. Dangre, J.) Circulation granted for 04/10/22 Date : 23/09/22 For
Reg.(J).

FOR ADMISSION (ANTICIPATORY BAIL APPLICATIONS)

7 ABA/528/2020 SAGAR YOGIN JHAVERI LAW GLOBAL ADVOCATES

[Criminal] VS
THE STATE OF MAHARASHTRA
REMARK : (For Anticipatory Bail)Note:#1)Photocopy page nos.18 are not legible. U.T.given. #2)Copies not
served to P.P. U.T.given. #3)Original order copy not filed. (U.T. accepted by Reg.Jud-II). Court (S.J) For Adm.

8 IA/445/2022 RAVI BALAVANTRAI MEHTA AMIT ASHOK GHARTE

[Criminal] VS SUFIAN
KALPESH NARESH PANDYA AND
ANR.
In
ABA/1390/2019
REMARK : (For Withdrawal) Note : 1) That Vakalatnama is not filed. 2) English translation of relevant judgment
or order is not filed. U. T. given. 3) Copy served on other side (Affidavit of Service filed on 28/02/2022) 4) ABA
1390/2019 is disposed on 23.07.2019. 5) Notice issued to Resp. no.1 is served. Court S. J. For Admission.

9 ABA/590/2022 ANKUR HEMANT NAGWAN LAW GLOBAL ADVOCATES

[Criminal] VS parag prabhakar pokale
STATE OF MAHARASHTRA
REMARK : (For Anticipatory Bail) Note : 1) Application does not accompany certified copy of the judgment or
order dated 16.02.2022 of trial Court and First Appellate Court, if any. U. T. accepted by Reg. Judl. 2) English
translation of relevant judgment or order is not filed. U. T. given. 3) U. T. not sign by Advocate. 4) Flagging not
done. 5)Advocate Parag Pokale filed VP for Res. No. 2 6) Affidavit in Reply filed by Res. No. 2 on 18/04/2022 is
taken on record and kept at page Nos. 39 to 52. 7) Order dated 29/08/2022 is remained to communicate. Court
(SJ) For Admission

10 ABA/888/2022 UMER SHAIKH KAMRAN I SHAIKH

[Criminal] VS
THE STATE OF MAHARASHTRA
REMARK : ( For Anticipatory Bail) Note:1) Application does accompany certified copy of the Judgement or order
22/03/2022 of trail Court and First Appellate Court, if any U.T. accepted by Reg. J. 2) Orig. FIR copy not
enclosed. U.T. accepted by Reg. J. 3) English translation is not filed. U. T. given. 4) Court's order dated
08/09/2022 remained to communicate. 5) Advocate for the applicant has filed Affidavit on 08/09/2022, which is
kept at page nos. 88 to 99. Court S.J. For Admission

11 ABA/1809/2022 ASHWIN RAICHAND SHAH GARGI JOSHI

[Criminal] VS Sui Generis
STATE OF MAHARASHTRA
REMARK : (For Anticipatory Bail) Note : 1)English translation of relevant judgment or order is not filed. U. T.
given. 2)Adv. Sui Generis has filed VP for R.No.2 on 22.07.22 3) IA No.3007/22 for Intervention is tagged
herewith. 4) As complainant has already been brought on record as Respondent No. 2 vide court's order dated
05/07/2022, hence, IA No. 3007/2022 filed for intervention may does not survive. Court S. J. For Admn.

with

IA/3007/2022 MAHESH RAICHAND SHAH SUI GERERIS

[Criminal] VS GARGI JOSHI

03/10/2022 18:17:21 3/17

 67
DAILY MAIN CAUSE LIST COURT NO 19-FOR TUESDAY THE 4TH OCTOBER 2022 BOMBAY HIGH COURT - 4 -

STATE OF MAHARASHTRA AND Sui Generis

In ANR
ABA/1809/2022

12 ABA/1993/2022 MOHAMMED ZAHID ABDUL SAMAD Kajal Singh

[Criminal] MUKHI AND ANR
VS
THE STATE OF MAHARASHTRA
REMARK : (For Anticipatory Bail) Note : 1) Application does not accompany certified copy of judgment or order
dated 19.07.2022 of trial Court and First Appellate Court, if any. U. T. accepted by Reg. Judl. (II). 2) IA No.
2810 /2022 for Intervention is tagged herewith. Court (SJ) For Admission. (A/w ABA 2003/22)

with

IA/2810/2022 SANDEEP SUMATILAL SHAH Ashok M Saraogi

[Criminal] VS Kajal Singh
STATE OF MAHARASHTRA AND
In ANR
ABA/1993/2022

WITH

ABA/2003/2022 UMESH PRAVINCHANDRA BHATT C K LEGAL

[Criminal] AND ORS
VS
In THE STATE OF MAHARASHTRA
/0/ AND ANR

REMARK: (For Anticipatory Bail) Note : 1) Application does not accompany certified copy of judgment or
order dated 19.07.2022 of trial Court and First Appellate Court, if any. U. T. accepted by Reg. Judl. (II). 2)
Typed english translation of relevant judgment or order is not filed. U. T. given. 3) Small font to page nos.
62 to 110, 120- 128, 130-142. U. T. given. Court S. J. For Admission.
With

IA/2811/2022 SANDEEP SUMATILAL SHAH Ashok M Saraogi

[Criminal] VS C K LEGAL
STATE OF MAHARASHTRA AND
In ANR
ABA/2003/2022

13 ABA/2138/2022 ADITYA ANIL RANE RAHUL AROTE

[Criminal] VS
THE STATE OF MAHARASHTRA
REMARK : (For Anticipatory Bail) : Note : 1) Appeal/Application does not accompany certified copy of the
Judgment or order dt. 01.08.2022 of trial court and First Appellate Court U/T accepted by Reg (Judl) 2) Typed
enlgish translation of relevant order, judgment is not filed U/T given. 3) Order dated 25/08/2022 remained to
communicate. 4) Complainant has not been made party in the instant application. And any VP has not been filed
on behalf of her, till today. Court (S.J.) For Orders

with

IA(ST)/16973/2022 POONAM KEDARNATH YADAV Tushar Kochale

[Criminal] VS RAHUL AROTE

03/10/2022 18:17:21 4/17

 68
DAILY MAIN CAUSELIST COURT NO 19-FOR TUESDAY THE 4TH OCTOBER 2022 BOMBAY HIGHCOURT - 5 -

THE STATE OF MAHARASHTRA

In AND ANR
ABA/2138/2022

14 ABA/2187/2022 SANTOSH BABURAO WANGDE AND Ashwini Milan Desai

[Criminal] ANR.
VS
STATE OF MAHARASHTRA
REMARK : (For Anticipatory Bail) Note : (1) Application does accompany certified copy of the Judgment or
order dt. 08/08/2022 of trial Court and First Appellate Court, if any. UT accepted by Reg.(Judl-II). (2) Typed
English Translation of relevant order, judgment is filed. UT Given. (3) Copy of original FIR is required. UT
accepted by Reg.(Judl-II) (4) Typed copy of FIR is required. UT accepted by Reg.(Judl-II). (5) Order dated
12/09/2022 is remained to communicate. Court S.J. For Admission.

WITH

ABA/2188/2022 BHARAT NANA JOSHI Ashwini Milan Desai

[Criminal] VS
STATE OF MAHARASHTRA
In
/0/

REMARK: For : Anticipatory Bail Note ; 1)Appeal/Application does accompany certified copy of the
Judgment or order of Dt. 08/08/2022 trial Court and First Appellate court, if any. U.T. accepted by Reg J-II
2)Typed English Translation of relevant order, judgment is filed.U.T. given. 3)copy of original FIR is
required.U.T. accepted by Reg J-II 4)type copy of FIR is required. U.T. accepted by Reg J-II Court S.J. For
Admission.
With

IA/3257/2022 RAVINDRA CHANDRAKANT CHIP santosh indramani saroj

[Criminal] LUNKAR Ashwini Milan Desai
VS
In STATE OF MAHARASHTRA AND
ABA/2188/2022 ANR

15 ABA/2412/2022 ROHIT RAKESH GUPTA SUSHAN KANJURAMAN

[Criminal] VS
THE STATE OF MAHARASHTRA
REMARK : (For Anticipatory Bail) Note : 1) English translation of relevant judgment or order is not filed. U. T.
given. 2) The photocopy / copies annexed are not legible. U. T. given. 3) Order Communicated Court S. J. For
Admission.

16 ABA/2554/2022 SURESH KUMAR KAMALASHANKAR JITENDRA

[Criminal] YADAV
VS
STATE OF MAHARASHTRA
REMARK : (For Anticipatory Bail) Note : 1) The photocopy page nos. 83, 84, 93-96, 100-104 are not legible. U.
T. given. 2) Page nos. 27 to 35 not define. U. T. given. 3) Hand written page nos. 97-98, 105, 115, 117, 108-112.
U. T. given. 4) Order dated 19/09/2022 is communicated. Court S.J. For Admission.

FOR ADMISSION (BAIL APPLICATIONS)

//True Copy//
03/10/2022 18:17:21 5/17
 69
ANNEXURE P-9

CRIMINAL WRIT PETITION (ST.) NO. 213 OF 2022

70
 71

29.11.2022
 72

CRIMINAL APPELLATE JURISDICTION

CRIMINAL WRIT PETITION (ST.) NO. 213 OF 2022
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92

//True Copy//
 ANNEXURE P-10

93
94
95
96
97
98
99
100
101
102
 103

carried out by I.O. Since I.O. was absent when the phone was
104
 105

used to call me on my phone. The Petitioner has taken

106
 107

all sources to trace him for arresting him. Case Diary of the
108
 109
always making queries about mode of recovering her money.

Further, the witnesses who are her friends and well-wishers they

were also insisting me that the financial loss caused to petitioner

must be compensated by recovering money from accused. Upon

that I have specifically stated that already FIR is registered with

relevant sections of rape and cheating and to prove the case

recovery of money is not essential. But upon tracing the accused

further mode of action can be sort out about recovery. Also, the

relatives and friends of accused whose statement I have

recorded were also stating that they will try to arrange for

payment of petitioners money and one of the witness Prashant

Ghag also stated in his statement that he has already contacted

petitioner on phone and expressed his intention to arrange

repayment of her money. Hence, when petitioner asked me

about the payment of money, I told her that if you receive

money out of court then it is upon your choice to accept it or

not and if they are depositing in the case then you have to

follow the procedure to receive said money through court.

This was a casual between me and petitioner. But now she is

110
 111

conversation with him. I have also called and talked with our
112
 113

immaterial to prove the case therefore it cannot be said that I

was trying to settle money claim matters between them.
114
 115

amount to her. I further say that the accused thereafter assured

116
 117

intention of harassment, pressurize the victim or her parents as it

was part and parcel of investigation.
118
 119

stated that she was in relationship with the Accused for few
120
 121

constable in Police Station is very rare. On that day also due to

122
 123

duly enquired and nothing incriminating substance found, hence

 124

33) I say that the contents of Para 46, I submit that no cause of action

has been arisen so petition may not be entertained.

34) I say that the contents of Para 47, that no other efficacious alternate

remedy is available, is not true, correct and legal. I say that

Petitioner has through her advocate filed complaint letter for

exhausting remedies sought in this petition and on due enquiry same

was rejected under intimation to her advocate. Also, as the charge

sheet is filed, if petitioner has any grievance about investigation,

remedy of approaching Ld. Magistrate Court for further directions

for further investigation, etc. was available to her.

35) I say that the prayers in prayer column along with interim prayers

mentioned in this petition are not true, correct and legal and

petitioner is not entitled to all or any of those prayers. Hence, prayed

that all the players be rejected by dismissing present petition.

36) I say that it is pertinent to note that the petitioner on the basis of

filing complaint letter annexed to this petition as Exhibit ‘Q’

stating that o action has been taken on said letter so this

 125

Petition is filed. But as stated earlier due enquiry was carried out
 126
case without informing this court. In this regard it is respectfully

submitted that as stated above prior to filing of present petition

in this Hon’ble Court. I have already filed charg-esheet on

03.01.2023 in lower court. Also, as stated above after

completion of enquiry of complaint letter Exhibit ‘Q’, my

Senior Officers have directed me that I should file Charge-Sheet

after they have scrutinized entire investigation papers. So, as per

orders of my Senior Officer, I have filed Charge-Sheet.

Therefore, question of informing this Hon’ble Court prior to

filing Charge-Sheet could not arise because at the time of filing

Charge Sheet this petition was not filed before the Hon’ble High

Court.

37) I say that regarding allegations of noon-seizure of three out of

four mobiles, I submit that the petitioner has disclosed about

user of only one mobile to me. Accordingly I have obtained

technical information i.e. CDR, Tower Location, Handset

details, KYC details of said mobile from service provider and

thereafter when as per directions of Hon’ble High Court,

accused has attended police station, I have verified the said

 127

mobile as per technical data and on confirmation of the same I

128
 129

41) Under the facts and circumstances of the case, the necessary

//True Copy//
 130 ANNEXURE P-11

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

CRIMINAL WRIT PETITION NO.213 OF 2023

Dr. Poonam Kedarnath Yadav .. Petitioner

Vs.
State of Maharashtra,
Through the Chief Secretary, Mumbai and Ors. .. Respondents

Mr. M.J. Nedumpara, with Ms. Hemali Kurne, i/by Nedumpara & Nedumpara,
for the Petitioner.
Mr. J.P. Yagnik, APP for the Respondent-State.

CORAM : SUNIL B. SHUKRE & M.M. SATHAYE, JJ

DATE : 31ST MARCH, 2023.

P.C. :

1. Heard learned counsel for the petitioner and learned APP for the

respondent-State.

2. We have gone through the affidavit of the Investigating Officer dated

27th March 2023, which has been filed in compliance with the order passed by

this court on 8th March 2023.

3. The affidavit of the Investigating Officer, on its perusal, appears to be

making an attempt to answer the questions raised by this court, which were

recorded in the order dated 8 th March 2023. The affidavit also gives

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 131

explanation as to how the charge-sheet came to be filed without informing this

court and the answer given is that the charge-sheet was filed on 3 rd January

2023. It appears that this petition was taken up for the first time by this court

on 13th January 2023 and by that time, the charge-sheet had already been filed.

That being so, the Investigating Officer is right in her submission that there was

no occasion for her to inform this court before filing of the charge-sheet and it

being a fact indeed, we accept her explanation.

4. About the answers and explanation given in the affidavit, we are of the

view that they being on merits of the matter, this petition would have to be

placed before the regular Bench having assignment of the present petition.

5. Stand over to 18th April 2023.

[ M.M. SATHAYE, J. ] [ SUNIL B. SHUKRE, J. ]

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ANNEXURE P-12
Osk 30-Wp-213-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

CRIMINAL WRIT PETITION NO. 213 OF 2023

Poonam Kedarnath Yadav … Petitioner

V/s.
The State of Maharashtra & Ors. … Respondents

Mr.M.J. Nedumpara a/w. Ms.Hemali Kurne, Ms.Neha Mishra i/b.Nedumpara

And Nedumpara for Petitioner.
Mrs.M.M. Deshmukh, A.P.P. for Respondent-State.
API Ms.Pradnya M. Munde, Turbhe Police Station is present.

CORAM : A. S. GADKARI AND

PRAKASH D. NAIK, JJ.

DATE : 18th April 2023.

P.C. :

1. Leave to amend to annex copy of chargesheet and to incorporate

pleadings in the Petition, pointing out the deficiency in the investigation, if

any.

2. Amendment be carried out within a period of two weeks from

today and an amended copy of Petition be served upon the learned A.P.P.

within the same stipulated period.

3. Stand over to 20th June 2023.

[ PRAKASH D. NAIK, J. ] [ A.S. GADKARI, J. ]

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 133

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION
CRL. M.P. NO. OF 2023
IN
SPECIAL LEAVE PETITION (CRL.) NO. OF 2023

IN THE MATTER OF:

DR. POONAM KEDARNATH YADAV PETITIONER
VERSUS
THE STATE OF MAHARASHTRA & ANR. RESPONDENTS

APPLICATION FOR EXEMPTION FROM FILING CERTIFIED COPY

OF THE FINAL IMPUGNED ORDER
TO
HON’BLE THE CHIEF JUSTICE OF
INDIA AND HIS COMPANION JUSTICES
OF THIS HON’BLE COURT
THE HUMBLE APPLICATION OF
THE PETITIONER ABOVENAMED

MOST RESPECTFULLY SHOWETH: -

1. That the present Special Leave Petition has been filed against final

impugned order dated 04.10.2022 passed by the Hon'ble High Court of

Judicature at Bombay in Anticipatory Bail Application No. 2138 of 2022 with

Intervention Application (ST) No. 16973 of 2022, whereby the Hon’ble High

Court disposed off the above mentioned Anticipatory Bail Application along

with Intervention Application, whereby the Hon’ble High Court

erroneously granted anticipatory bail to the accused who is an anti-social

element, a rapist and who have devastated lives of many girls and
 134

women. The accused has been making intimate scene of his relationship

viral and had threatened the Petitioner to do so.

2. It is respectfully submitted that the present petition is being filed on the

strength of the downloaded copy of the impugned order from the website

of the High Court of Bombay, at Mumbai, which is true & correct.

PRAYER

Under the facts and circumstances of the case, it is most respectfully

prayed that this Hon'ble Court may graciously be pleased to:

a. Exempt the Petitioner from filing the certified copy of final impugned

order dated 04.10.2022 passed by the Hon'ble High Court of Judicature at

Bombay in Anticipatory Bail Application No. 2138 of 2022 with

Intervention Application (ST) No. 16973 of 2022; and

b. Pass such other or further order/orders as this Hon’ble Court may deem

fit and proper in the facts and circumstances of the case.

AND FOR THIS ACT OF KINDNESS, THE PETITIONER, AS IN DUTY

BOUND, SHALL PRAY.

Filed by

USHA NANDINI V.
ADVOCATE FOR THE PETITIONER
Place: New Delhi
Dated: 08.05.2023
 135

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION
CRL. M.P. NO. OF 2023
IN
SPECIAL LEAVE PETITION (CRL.) NO. OF 2023

IN THE MATTER OF:

DR. POONAM KEDARNATH YADAV PETITIONER
VERSUS
THE STATE OF MAHARASHTRA & ANR. RESPONDENTS

APPLICATION FOR EXEMPTION FROM FILING OFFICIAL

TRANSLATION
TO
HON’BLE THE CHIEF JUSTICE OF
INDIA AND HIS COMPANION JUSTICES
OF THIS HON’BLE COURT
THE HUMBLE APPLICATION OF
THE PETITIONER ABOVENAMED
MOST RESPECTFULLY SHOWETH: -

1. That the present Special Leave Petition has been filed against final

impugned order dated 04.10.2022 passed by the Hon'ble High Court of

Judicature at Bombay in Anticipatory Bail Application No. 2138 of 2022 with

Intervention Application (ST) No. 16973 of 2022, whereby the Hon’ble High

Court disposed off the above mentioned Anticipatory Bail Application along

with Intervention Application, whereby the Hon’ble High Court

erroneously granted anticipatory bail to the accused who is an anti-social

element, a rapist and who have devastated lives of many girls and
 136

women. The accused has been making intimate scene of his relationship

viral and had threatened the Petitioner to do so.

2. It is respectfully submitted that the Petitioner has got the documents

translated into English from a trusted source who is well versed in the

rules of translation from Marathi to English.

PRAYER

Under the facts and circumstances of the case it is most respectfully

prayed that this Hon’ble Court may graciously be pleased to:

(i) Exempt the Petitioner from filing official translation of Annexure P-1;and

(ii) Pass such other or further order/orders as this Hon’ble Court may deem

fit and proper in the facts and circumstances of the case.

AND FOR THIS ACT OF KINDNESS, THE PETITIONER, AS IN DUTY

BOUND, SHALL PRAY.

Filed by

USHA NANDINI V.
ADVOCATE FOR THE PETITIONER
Place: New Delhi
Dated: 08.05.2023
 137

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION
CRL. M.P. NO. OF 2023
IN
SPECIAL LEAVE PETITION (CRL.) NO. OF 2023

IN THE MATTER OF:

DR. POONAM KEDARNATH YADAV PETITIONER
VERSUS
THE STATE OF MAHARASHTRA & ANR. RESPONDENTS

APPLICATION FOR CONDONATION OF DELAY IN FILING

SPECIAL LEAVE PETITION
TO
THE HON’BLE CHIEF JUSTICE OF INDIA
AND HIS COMPANION JUSTICES OF THE
HON’BLE SUPREME COURT OF INDIA
THE HUMBLE PETITION OF THE
PETITIONER ABOVE NAMED
MOST RESPECTFULLY SHOWETH:

1. That the present Special Leave Petition has been filed against final

impugned order dated 04.10.2022 passed by the Hon'ble High Court of

Judicature at Bombay in Anticipatory Bail Application No. 2138 of 2022 with

Intervention Application (ST) No. 16973 of 2022, whereby the Hon’ble High

Court disposed off the above mentioned Anticipatory Bail Application along

with Intervention Application, whereby the Hon’ble High Court

erroneously granted anticipatory bail to the accused who is an anti-social

element, a rapist and who have devastated lives of many girls and

women. The accused has been making intimate scene of his relationship

viral and had threatened the Petitioner to do so.

 138

2. That the contents of the accompanying Petition are not being repeated
herein for the sake of brevity and the same be considered as a part and
parcel of the present application.
3. Thus, there exist no willful latches or negligence on the part of the
Petitioner and she is compelled to approach this Hon’ble Court by way of
the present application, with bonafide intentions.
4. That no harm or loss shall be caused to any party if the present
application is allowed.
5. That the present application is being made in the interest of justice with

bonafide intentions.

PRAYER
In the circumstances it is most respectfully prayed that this Hon’ble Court
be pleased to:
(i) Condone the delay of ____ days caused in filing the Special Leave

Petition against the final impugned order dated 04.10.2022 passed by the

Hon'ble High Court of Judicature at Bombay in Anticipatory Bail Application

No. 2138 of 2022 with Intervention Application (ST) No. 16973 of 2022; and

(iii) Pass such other order and further relief, as this Hon’ble Court may deem

fit and proper in the facts and circumstances of the case.

AND FOR THIS ACT OF KINDNESS, THE PETITIONER, AS IN DUTY

BOUND, SHALL PRAY.
Filed by

USHA NANDINI V.
ADVOCATE FOR THE PETITIONER
Place: New Delhi
Dated: 08.05.2023
 139

SECTION
USHA NANDINI V.
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
SPECIAL LEAVE PETITION (CRL.) NO. OF 2023

IN THE MATTER OF:

DR. POONAM KEDARNATH YADAV PETITIONER
VERSUS
THE STATE OF MAHARASHTRA & ANR. RESPONDENTS
INDEX
SL. NO. PARTICULARS COPIES
1 Office Report on Limitation
2 Listing Performa
3 Synopsis and List of Dates
4 Arising out of the final impugned order dated 04.10.2022 passed by the
Hon'ble High Court of Judicature at Bombay in Anticipatory Bail
Application No. 2138 of 2022 with Intervention Application (ST) No.
16973 of 2022
5 Special Leave Petition with Affidavit.
6 APPENDIX
Relevant portion of under Section 376, 376(2) (n), 377, 323, 328, 420, 506
of Indian Penal Code, 1860.
7 Annexure P-1 to P-12
8 CRL. M.P. NO. OF 2023
Application for exemption from filing certified copy of the final impugned
order.
9 CRL. M.P. NO. OF 2023
Application for exemption from filing official translation.
10 CRL. M.P. NO. OF 2023
Application for condonation of delay in filing Special Leave Petition.
11 Vakalat and Appearance
Total
Filed by:

USHA NANDINI V.
ADVOCATE FOR THE PETITIONER
57, Lawyers Chambers,
Supreme Court of India,
New Delhi-110001
Place: New Delhi Code No. 1925
Dated: 08.05.2023 E-Mail: [email protected]
 140

08.05.2023
 141

F.I.R. DETAILS

1 Diary No. :

2 Date of Lodgement of F.I.R. : FIR No. 0156 of 2022 dated

Complaint 08.06.2022.

3 Date of Occurrence : 08.06.2022

4 Police Station address with : Turbhe MIDC Police Station, Navi

state Mumbai, Maharashtra.

5 Date of Filing of Charge : N.A.

Sheet Challan

6 Whether trial by the Court of : N/A

Magistrate.

7 Whether trial the Court of : N/A

Sessions.

USHA NANDINI V.
ADVOCATE FOR THE PETITIONER
CODE NO. 1925
 142

IN THE HON'BLE HIGH COURT OF JUDICATURE AT BOMBAY

ANTICIPATORY BAIL APPLICATION NO. 2138 OF 2022
WITH
INTERVENTION APPLICATION (ST) NO. 16973 OF 2022

IN THE MATTER OF:

DR. POONAM KEDARNATH YADAV INTERVENER APPLICANT/
PROPOSED RESPONDENT
AND IN THE MATTER OF:
ADITYA ANIL RANE APPLICANT
VERSUS
THE STATE OF MAHARASHTRA RESPONDENT
MEMO OF PARTIES
IN THE MATTER OF:
DR. POONAM KEDARNATH YADAV, INTERVENOR / APPLICANT /
R/O. 302, SECTOR 28, OMKAR PROPOSED RESPONDENT
APARTMENT, NERUL (WEST), NAVI
MUMBAI, MAHARASHTRA.

VERSUS
1. ADITYA ANIL RANE APPLICANT
R/O 203, SWAMI V. N. PURAV
MARG, CHUNABHATTI,
MUMBAI, MAHARASHTRA.

2. STATE OF MAHARASHTRA
THROUGH STATION HOUSE
OFFICER, POLICE STATION RESPONDENT
TURBHE MIDC, NAVI MUMBAI,
MAHARASHTRA.

USHA NANDINI V.
ADVOCATE FOR THE INTERVENER / APPLICANT/
PROPOSED RESPONDENT
Place: New Delhi
Dated: 08.05.2023
 ANNEXURE ‘Y’

ADVOCATE’S CHECK LIST (TO BE CERTIFIED BY ADVOCATE-ON-RECORD)

Indicate Yes or NA

1. Special Leave Petition (Crl.) has been filed in Form YES

No. 28 with certificate.

2. The Petition is as per the provisions of Order XV YES

Rule 1.

3. The papers of Writ Petition have been arranged as per

YES

under Article 136 of Constitution of India.

4. Brief list of dates / events has been filed. YES

5. Paragraphs and pages of paper books have been

YES
numbered consecutively and correctly noted in Index.

6. Proper and required numbers of paper books (1+1)

NO
have been filed.

7. The contents of the Petition, applications and

YES
accompanying documents are clear, legible and typed

in double space on one side.

8. The parties of the impugned judgment passed by the

YES
court(s) below are uniformly written in all the

documents.

9. In case of appeal by certificate the appeal is

NA
accompanied by judgment and decree appealed from

and order granting certificate.

10. If the petition is time barred, application for

condonation of delay mentioning the no. of days of NA

delay, with affidavit and court fee has been filed.

11. The annexures referred to in the petition are true

YES
 copies of the documents before the court(s) below and

are filed in chronological order as per list of dates.

12. The annexures referred to in the petition are filed and

YES
indexed separately and not marked collectively.

13. The relevant provision of the Constitution, statutes,

ordinances, rules, regulations, bye laws, orders etc. NA

referred to in the impugned judgment / order has been

filed as Appendix to the Special Leave Petition.

14. In Special Leave Petition against the order passed in

NA
Second Appeal, copies of the orders passed by the

Trial Court and First Appellate Court have been filed.

15. The complete listing proforma has been filled in,

YES
signed and included in the paper books.

16. In a Petition (PIL) filed under clause (d) of Rule 12

NA
(1) Order XXXVIII, the petitioner has disclosed.

(a) His full name, complete postal address, e-mail

address, phone number, proof regarding personal

identification, occupation and annual income,

PAN number and National Unique Identify Card

number if any;

(b) The facts constituting the cause of action;

(c) The nature of injury caused likely to be caused

to the public;

(d) The nature and extent of personal interest, if

any, of the petitioner(s);

(e) Details regarding any civil, criminal or revenue

 litigation, involving the petitioner or any of the

Petitioners, which has or could have a legal

nexus with the issue(s) involved in the Public

Interest Litigation.

17. If any identical matter is pending / disposed of by the

NO
Hon’ble Supreme Court, the complete particulars of

such matters have been given.

18. The statement in terms of the Order XIX Rule 3 (1) of

NA
Supreme Court Rules 2013 has been given in the

petition of appeal.

19. Whether a Bank draft of Rs. 50,000/- or 50% of the

amount, whichever is less, has been deposited by the NO

person intending to appeal, if required to be paid as

per the order of the NCDRC, in terms of Section 23

of the Consumer Protection Act, 1986.

20. In case of appeals under Armed Forces Tribunal Act,

2007, the petitioner / appellant has moved before the NO

Armed Forces Tribunal for granting certificate for

leave to appeal to the Supreme Court.
21. All the paper books to be filed after curing the defects
shall be in order. YES

I hereby declare that I have personally verified the petition and its contents and it is
conformity with the Supreme Court Rules 2013. I certify that the above requirements of the
check list have been complied with. I further certify that all the documents necessary for the
purpose of hearing of the matter have been filed. Signature:

AoR’s Name: Usha Nandini V.

AoR Code: 1925
Mob. No. +91 9958179520

Place: New Delhi

Date: 08.05.2023