A.S.GADKARI, J. - (1.) By the present Petitions under Article 227 of the Constitution of India and under Section 482 of the Code of Criminal Procedure, 1973 (for short, "Cr.P.C."), the Petitioners Accused No.11 and 10 respectively, have impugned the common Order dated 20 th July, 2021 passed by the learned Additional Chief Metropolitan Magistrate, 37 th Court, Esplanade, Mumbai in R.A. No.640 of 2021 in C.R. No.26/2021 of DCB, CID (Property Cell), Mumbai thereby, remanding the Petitioners to police custody and all Orders of subsequent remands by the Trial Court, which extend the custody of the Petitioners and for their release from custody.
(2.) Heard Mr. Ponda, learned senior counsel appearing for the Petitioner in Writ Petition No.2612 of 2021, Mr. Abhinav Chandrachud, learned counsel appearing for the Petitioner in Writ Petition No.2611 of 2021 and Mrs. Pai, learned Public Prosecutor for the Respondent-State in both the Petitions. Perused record.
(3.) The record reveals that, a crime bearing No.103 of 2021 dated 5th February, 2021 was originally registered with Malvani Police Station, Mumbai. The said crime was transferred to Detection of Crime Branch, CID (Property Cell), Byculla, Mumbai on the same day which was renumbered as CR No.26 of 2021 under Sections 354(c), 292, 293, 420 read with Section 34 of the Indian Penal Code, Sections 66(E), 67, 67(A) of the Information Technology Act, 2000 and Sections 3,4,6 and 7 of the Indecent Representation of Women (Prohibition) Act, 1986. During the course of investigation, initially complicity of 9 accused persons was disclosed and after completion of investigation against them, a charge sheet has been filed on 3rd April, 2021 in the Court of the learned Additional Chief Metropolitan Magistrate, 37th Court, Esplanade, Mumbai. The said charge sheet is numbered as CC No.251/PW/2021. During the course of investigation Umesh Ganpat Kamat (Accused No.7) revealed participation of Petitioners in the present crime. Apart from it, from the statement of other witnesses, the role of Petitioners and their complicity in the crime was also revealed. The investigating agency, thereafter obtained permission from the Trial Court for further investigation as contemplated under Section 173(8) of Cr.P.C.;