Anjali Govindrao Sant And Others vs State Of Maharashtra, Through Its ...
2021 Latest Caselaw 2925 Bom

Judgment 1 apl799.14+.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (APL) NO. 799/2014 WITH CRIMINAL APPLICATION (APL) NO. 800/2014

CRIMINAL APPLICATION (APL) NO. 799/2014

1] Anjali Govindrao Sant, Aged 30 years, Occ. Service, Manager at Bhaichand Hirachand Raisoni, Multistate Co-operative Credit Society, Akola Bazar Branch, Khamgaon, Distt. Buldhana

2] Sanjay Ramesh Tayade, Aged 35 years, Occ. Service, Clerk at Bhaichand Hirachand Raisoni, Multistate Co-operative Credit Society, Akola Bazar Branch, Khamgaon, Distt. Buldhana

3] Mayuri Manohar Shegokar, Aged 26 years, Occ. Service, Cashier at Bhaichand Hirachand Raisoni, Multistate Co-operative Credit Society, Akola Bazar Branch, Khamgaon, Distt. Buldhana

4] Pramodkumar Bhaichand Raisoni, Aged 55 years, Occ. Business and founder Chairman of Bhaichand Hirachand Raisoni, Multistate Co-operative Credit Society, R/o. Balirampeth, Jalgaon

5] Deelip Kantilal Chordiya, Aged 51 years, Occ. Agriculture and Chairman of Bhaichand Hirachand Raisoni, Multistate Co-operative Credit Society, R/o. Talegaon, Tq. Jamner, Dist. Jalgaon

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6] Motilal Onkar Jiri, Aged about 45 years, Occ. Agriculture and Vice Chairman of Bhaichand Hirachand Raisoni, Multistate Co-operative Credit Society, R/o. Shelgaon, Tq. Jamner, Dist. Jalgaon

7] Pramilabai Motilal Jiri, Aged 38 years, Occ. Household and Director of Bhaichand Hirachand Raisoni, Multistate Co-operative Credit Society, R/o. Shelgaon, Tq. Jamner, Dist. Jalgaon

8] Surajmal Babutmal Jain, Aged 51 years, Occ. Business and Director of Bhaichand Hirachand Raisoni, Multistate Co-operative Credit Society, R/o. Talegaon, Tq. Jamner, Dist. Jalgaon

9] Dada Ramchandra Patil, Aged 58 years, Occ. Agriculture and Director of Bhaichand Hirachand Raisoni, Multistate Co-operative Credit Society, R/o. Talegaon, Tq. Jamner, Dist. Jalgaon

10] Rajaram Kashinath Koli, Aged 48 years, Occ. Business and Director of Bhaichand Hirachand Raisoni, Multistate Co-operative Credit Society, R/o. Talegaon, Tq. Jamner, Dist. Jalgaon

11] Bhagwan Hiraman Wagh, Aged 64 years, Occ. Agriculture and Director of Bhaichand Hirachand Raisoni, Multistate Co-operative Credit Society, R/o. Talegaon, Tq. Jamner, Dist. Jalgaon

12] Dr. Hitendra Yeshwant Mahajan, Aged 50 years, Occ. Medical Practitioner and Director of Bhaichand Hirachand Raisoni, Multistate Co-operative Credit Society, R/o. Bendale Nagar, Jalgaon

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13] Indrakumar Atmaram Lalwani, Aged 48 years, Occ. Business and Director of Bhaichand Hirachand Raisoni, Multistate Co-operative Credit Society, R/o. Sindhi Colony, Jalgaon

14] Shaikh Ramjan Shaikh Abdul Nabi, Aged 52 years, Occ. Agriculture and Director of Bhaichand Hirachand Raisoni, Multistate Co-operative Credit Society, R/o. Talegaon, Tq. Jamner, Dist. Jalgaon

15] Lalitabai Raju Sonawane, Aged 45 years, Occ. Household and Director of Bhaichand Hirachand Raisoni, Multistate Co-operative Credit Society, R/o. Talegaon, Tq. Jamner, Dist. Jalgaon

16] Bhagwat Sampat Mali, Aged 61 years, Occ. Agriculture and Director of Bhaichand Hirachand Raisoni, Multistate Co-operative Credit Society, R/o. Talegaon, Tq. Jamner, Dist. Jalgaon

17] Sukhlal Shahadu Mali, Aged 45 years, Occ. Executive Officer of Bhaichand Hirachand Raisoni, Multistate Co-operative Credit Society, R/o. Shiv Colony, Jalgaon

18] Yeshwant S/O Onkar Jiri, Aged about Adult, Occ. Director of Bhaichand Hirachand Raisoni, Multistate Co-operative Credit Society, R/o. Shiv Colony, Jalgaon .... APPLICANT(S)

// VERSUS //

1] State of Maharashtra through its Police Station Officer, Khamgaon City, Police Station Khamgaon, Dist. Buldana

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2] Malabai Dadarao Pawar, Aged 50 years, Occ. Agriculture R/o. Atraj, Tq. Khamgaon, District Buldana .... NON-APPLICANT(S)

CRIMINAL APPLICATION (APL) NO. 800/2014

1] Pramodkumar Bhaichand Raisoni, Aged 55 years, Occ. Business and Founder Chairman of Bhaichand Hirachand Raisoni, Multistate Co-operative Credit Society, R/o. Balirampeth, Jalgaon

2] Deelip Kantilal Chordiya, Aged 51 years, Occ. Agriculture and Chairman of Bhaichand Hirachand Raisoni, Multistate Co-operative Credit Society, R/o. Talegaon, Tq. Jamner, Dist. Jalgaon

3] Motilal Onkar Jiri, Aged about 45 years, Occ. Agriculture and Vice Chairman of Bhaichand Hirachand Raisoni, Multistate Co-operative Credit Society, R/o. Shelgaon, Tq. Jamner, Dist. Jalgaon

4] Pramilabai Motilal Jiri, Aged 38 years, Occ. Household and Director of Bhaichand Hirachand Raisoni, Multistate Co-operative Credit Society, R/o. Shelgaon, Tq. Jamner, Dist. Jalgaon

5] Surajmal Babutmal Jain, Aged 51 years, Occ. Business and Director of Bhaichand Hirachand Raisoni, Multistate Co-operative Credit Society, R/o. Talegaon, Tq. Jamner, Dist. Jalgaon

6] Dada Ramchandra Patil, Aged 58 years, Occ. Agriculture and Director of Bhaichand Hirachand Raisoni, Multistate Co-operative Credit Society, R/o. Talegaon, Tq. Jamner, Dist. Jalgaon

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7] Rajaram Kashinath Koli, Aged 48 years, Occ. Business and Director of Bhaichand Hirachand Raisoni, Multistate Co-operative Credit Society, R/o. Talegaon, Tq. Jamner, Dist. Jalgaon

8] Bhagwan Hiraman Wagh, Aged 64 years, Occ. Agriculture and Director of Bhaichand Hirachand Raisoni, Multistate Co-operative Credit Society, R/o. Talegaon, Tq. Jamner, Dist. Jalgaon

9] Dr. Hitendra Yeshwant Mahajan, Aged 50 years, Occ. Medical Practitioner and Director of Bhaichand Hirachand Raisoni, Multistate Co-operative Credit Society, R/o. Bendale Nagar, Jalgaon

10] Indrakumar Atmaram Lalwani, Aged 48 years, Occ. Business and Director of Bhaichand Hirachand Raisoni, Multistate Co-operative Credit Society, R/o. Sindhi Colony, Jalgaon

11] Shaikh Ramjan Shaikh Abdul Nabi, Aged 52 years, Occ. Agriculture and Director of Bhaichand Hirachand Raisoni, Multistate Co-operative Credit Society, R/o. Talegaon, Tq. Jamner, Dist. Jalgaon

12] Lalitabai Raju Sonawane, Aged 45 years, Occ. Household and Director of Bhaichand Hirachand Raisoni, Multistate Co-operative Credit Society, R/o. Talegaon, Tq. Jamner, Dist. Jalgaon

13] Bhagwat Sampat Mali, Aged 61 years, Occ. Agriculture and Director of Bhaichand Hirachand Raisoni, Multistate Co-operative Credit Society, R/o. Talegaon, Tq. Jamner, Dist. Jalgaon

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14] Sukhlal Shahadu Mali, Aged 45 years, Occ. Executive Officer of Bhaichand Hirachand Raisoni, Multistate Co-operative Credit Society, R/o. Shiv Colony, Jalgaon

15] Yeshwant S/O Onkar Jiri, Aged about Adult, Occ. Director of Bhaichand Hirachand Raisoni, Multistate Co-operative Credit Society, R/o. Shiv Colony, Jalgaon .... APPLICANT(S)

// VERSUS //

1] State of Maharashtra through its Police Station Officer, Police Station Anjangaon, Surji, Dist. Amravati

2] Rajendra Babanrao Zade, Aged 49 years, Occ. Agriculture R/o. Sainath Nagar, Surji Anjangaon, Tq. Anjangaon, District Amravati .... NON-APPLICANT(S) ___________________________________________________________________ Shri N. Lalwani, Advocate for the applicant nos. 4 to 18 in APL No. 799/14 and for all the applicants in APL No. 800/14 Ms. Mayuri Deshmukh, APP for the non-applicant - State in both APLs Shri A.M. Tirukh, Advocate for the non-applicant no. 2 in APL No. 799/14 Shri P.V. Navlani, Advocate for the non-applicant no. 2 in APL No. 800/14 ___________________________________________________________________

CORAM : Z.A.HAQ & AMIT B. BORKAR, JJ.

FEBRUARY 15, 2021

CRIMINAL APPLICATION (APL) NO. 799/2014

ORAL JUDGMENT : (PER:- Z.A. HAQ, J.)

1] This application under Section 482 of the Code of Criminal

Procedure is filed by 18 accused praying that the first information report

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registered against them with the non-applicant no. 1 - Police Station for the

offences punishable under Sections 405, 406, 409, 415, 417, 418, 419, 420

and 34 of the Indian Penal Code be quashed. This criminal application is

pending since 2014 and the interim directions that coercive steps shall not be

taken against the applicants are operating. The criminal application was

called out on 10/02/2021 for hearing on which date Shri S.G. Joshi,

Advocate who represented the applicants made statement that the applicants

want to engage another advocate. Accordingly, the matter was adjourned for

15/02/2021 i.e. today with the understanding that the matter would not be

adjourned for any further date. Today Shri N. Lalwani, Advocate appeared

and submitted that he has received the Vakalatnama for the applicant nos. 4

to 18, however, the applicant nos. 1 to 3 have not given any instructions to

him. We are of the view that the applicant nos. 1 to 3 are avoiding hearing of

the criminal application and misusing the interim order passed by this Court.

2] Hence, the criminal application of the applicant no. 1 - Anjali

Govindrao Sant, the applicant no. 2 - Sanjay Ramesh Tayade and the

applicant no. 3 - Mayuri Manohar Shegokar is dismissed for want of

prosecution.

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  Judgment                                  8                              apl799.14+.odt

CRIMINAL APPLICATION (APL) NOS. 799/2014 & 800/2014

3] These applications are filed by the Directors of a Co-operative

Credit Society praying that the first information report registered against

them vide Crime No. M-5/2014 for the offences punishable under Sections

405, 406, 409, 415, 417, 418, 419, 420 and 34 of the Indian Penal Code and

Crime No. 230/2014 registered against them for the offences punishable

under Sections 406, 409, 420 and 34 of the Indian Penal Code and Section 3

of the Maharashtra Protection of Interest of Depositors (In Financial

Establishments) Act, 1999 be quashed.

4] The non-applicant no. 1 - Investigating Agency has filed

Criminal Application (APPP) No. 1376/2019 on 05/08/2019 praying for

recalling of the order dated 18/12/2014. In the said application, it is stated

that Bhaichand Hirachand Raisoni Multistate Co-operative Society of which

the applicants are the Directors is having 220 branches all over the

Maharashtra and about 73 offences are registered against the applicants. It is

further stated that the investigation in the crimes was transferred to the State

CID and in 70 crimes, the investigation was complete and charge-sheets were

filed. Today, at the time of hearing, learned APP stated that 82 crimes are

registered against the applicants at different places and by the judgment

passed in W.P. No. 2784/2018 (Pramod Bhaichand Raisoni and ors vs. The

State of Maharashtra & Anr.) on 02/05/2019, it is directed that all the

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prosecutions shall be tried by the Special Court at Jalgaon. Learned APP has

further stated that charge-sheet is filed in Crime No. M-5/2014 and

subsequently, the offence under Section 3 of the Act of 1999 is also

registered against the applicant nos. 4 to 18 in Criminal Application (APL)

No. 799/2014.

5] In the facts of the case, we find that these are not fit cases to

exercise the jurisdiction under Section 482 of the Code of Criminal

Procedure.

6] Hence, the criminal applications are dismissed.

7] Looking to the nature of controversy, the Special Court is

directed to take up the prosecution on day to day basis and shall conclude it

till 15/06/2021.

CRIMINAL APPLICATION (APPP) NO. 1376/2019

8] In view of the dismissal of the Criminal Application

(APL) No. 800/2014, this application praying for grant of recalling of the

order dated 18/12/2014 does not survive. It is disposed accordingly.

                  JUDGE                                     JUDGE




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