SUSHMA ANAND SHUKLA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned Advocate for the Petitioner and learned APP.

(2.) Initially there was a prayer for declaring the arrest as illegal. Office was asked to verify the assignment. The Petitioner has deleted that prayer. So prayer which remains is to set aside the judgment dtd. 7/7/2025. Hence, I entertain the petition.

(3.) There is one more reason for entertaining the petition as grievance is made about the power usurped by the learned Magistrate by imposing conviction under Sec. 385 of Bhartiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS'). Generally, against the conviction the Appeal under Sec. 415 of BNSS is maintainable. On the basis of observations in case of Harish Arora and ors. v/s.Dy. Registrar of Co-operative Societies in Writ Petition No.3433/2025, I have entertained the petition by way of an exceptional circumstance. When there is violation of fundamental right, the writ petition can be entertained without relegating the party to avail of statutory remedies.