Amar S Mulchandani And Ors vs The State Of Maharashtra And Ors
2021 Latest Caselaw 18032 Bom

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                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CRIMINAL APPELLATE JURISDICTION

                                             WRIT PETITION NO. 6409 OF 2021
         Digitally
         signed by
         SHRADDHA
                                                         WITH
SHRADDHA KAMLESH
KAMLESH TALEKAR
TALEKAR
                                             WRIT PETITION NO. 6400 OF 2021
         Date:
         2021.12.24
         17:41:27
         +0530
                      Amar Sadhuram Mulchandani
                      & Ors.                                    ...Petitioners
                                  vs.
                      The State of Maharashtra
                      (At the instance of Pimpri
                      Police Station) & Ors.                    ...Respondents
                                                         ****
                      Mr.Rajendra Pai, Senior Advocate a/w. Mr.Arjun Kadam,
                      Mr.S.S.Bedekar and Ms.Siddhi Bhosale i/b S.R. Phanse for
                      petitioners in WP/6409/2021.
                      Mr.Sanjeev Kadam a/w. Ms.Vilasini B., Mr.Arjun Kadam and Adv.
                      Ilsa Sheikh i/b S.R. Phanse for petitioners in WP/6400/2021.
                      Mr.Y.M. Nakhwa, APP for respondent Nos.1 and 3.

                                              CORAM :       N. J. JAMADAR &
                                                            ABHAY AHUJA, JJ.

                                              DATE    :     24th DECEMBER, 2021
                                                            (VACATION COURT)
                      P.C.:

1. Heard Mr.Rajendra Pai, the learned Senior Counsel for the

petitioners in Writ Petition No. 6409 of 2021, Mr. Sanjeev Kadam,

the learned counsel for the petitioners in Writ Petition No. 6400 of

2021 and Mr. Nakhwa, the learned APP for respondent Nos.1 and

2. Issue notice to the respondents, returnable on 2 nd February

2022.

3. The learned APP waives notice for respondent Nos.1 and 3.

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4. The petitioners are at liberty to serve respondent No.2 by

private service and fle affdavit of service.

5. The learned counsels for the petitioners invite the attention

of the Court to the orders dated 14th October 2021 passed by this

Court in Criminal Writ Petition Nos.3788 of 2021 and 3787 of

2021, wherein, according to the learned counsels for the

petitioners, in an identical set of facts arising out of the frst

information reports lodged by the depositors, this Court has

granted ad-interim relief to the petitioners therein.

6. Mr.Pai, the learned Senior Counsel for the petitioners

submits that pursuant to the Audit Report submitted by the

Special Auditor dated 6th August 2021, the F.I.Rs., being F.I.R.

Nos.525/2021, 526/2021 and 527/2021, have been lodged. In the

petitions fled by the petitioners, seeking quashment of those

F.I.Rs., interim orders have been passed protecting the petitioners.

The instant F.I.R. is lodged by the respondent No.2, in respect of

the alleged fraud, leading to the bank fnding itself in a position of

not being able to refund the deposits, which is the subject matter

of the said Audit Report.

7. Mr.Pai, the learned Senior Counsel for the petitioners

submits that it is trite law that there cannot be two F.I.Rs. in

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respect of one set of facts/transactions. To lend support to this

submission, the learned Senior Counsel placed reliance on

judgments of the Supreme Court in the cases of T.T. Anthony Vs.

State of Kerala and Ors. 1 and Amitbhai Anilchandra Shah Vs.

Central Bureau of Investigation & Anr. 2.

8. The learned APP seeks time to take instructions.

9. We have perused the petitions and the documents annexed

with it.

10. We fnd that in the petitions in which the identical challenge

was raised, interim reliefs have been granted. The very F.I.R. No.

658 of 2021 in which the petitioners in Writ Petition No. 6400 of

2021 are arraigned, is the subject matter of Writ Petition No. 3788

of 2021, in which the co-accused have been protected by this

Court, by order dated 14th October 2021.

11. We are of the prima-facie view that the question of tenability

of the multiple F.I.Rs. in respect of the same set of transactions

warrants consideration. Till the time, prosecution fles reply to

the petitions, it would be necessary to protect the petitioners lest

their personal liberty will be jeopardized.

1    (2001) 6 SCC 181
2    (2013) 6 SCC 348

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12. Hence, till the next date, there shall be ad-interim relief in

terms of prayer clause (d).

13. The petitioners, in both the petitions, shall, however, render

necessary co-operation in the investigation.

14. List on 2nd February 2022.

(ABHAY AHUJA, J.)                                (N. J. JAMADAR, J.)




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