Bombay High Court
Chandrashekar P. Ahirrao vs The State Of Maharashtra And Ors on 12 March, 2021
Bench: S.S. Shinde, Manish Pitale
951 n 911_WP.4134.19+.doc
Digitally
signed by
Vishwanath
Vishwanath S. Sherla IN THE HIGH COURT OF JUDICATURE AT BOMBAY
S. Sherla Date: CRIMINAL APPELLATE JURISDICTION
2021.03.12
20:51:56
+0530
CRIMINAL WRIT PETITION NO.232 OF 2021
Chandrashekhar P. Ahirrao ... Petitioner
Vs.
State of Maharashtra & another ... Respondents
WITH
INTERIM APPLICATION NO.543 OF 2021
IN
CRIMINAL WRIT PETITION NO.232 OF 2021
Chandrashekhar P. Ahirrao ... Applicant
Vs.
State of Maharashtra & another ... Respondents
WITH
CRIMINAL WRIT PETITION NO.220 OF 2021
Ashok Mulchandani ... Petitioner
Vs.
State of Maharashtra & another ... Respondents
WITH
CRIMINAL WRIT PETITION NO.741 OF 2021
Amar Mulchandani & another ... Petitioners
Vs.
State of Maharashtra & another ... Respondents
Page 1 of 10
951 n 911_WP.4134.19+.doc
WITH
CRIMINAL WRIT PETITION NO.728 OF 2021
Amar Mulchandani & another ... Petitioner
Vs.
State of Maharashtra & another ... Respondents
WITH
CRIMINAL WRIT PETITION NO.1240 OF 2021
Dolly Mukesh Sewani ... Petitioner
Vs.
State of Maharashtra & another ... Respondents
WITH
CRIMINAL WRIT PETITION NO.1241 OF 2021
Bhalla Mahadev Sable ... Petitioner
Vs.
State of Maharashtra & another ... Respondents
WITH
CRIMINAL WRIT PETITION NO.1245 OF 2021
Amar S. Mulchandani ... Petitioner
Vs.
State of Maharashtra & another ... Respondents
Page 2 of 10
951 n 911_WP.4134.19+.doc
WITH
CRIMINAL WRIT PETITION NO.226 OF 2021
... Petitioner
Vinay Vivek Arhana
Vs.
State of Maharashtra & another ... Respondents
WITH
INTERIM APPLICATION NO.230 OF 2021
IN
CRIMINAL WRIT PETITION NO.226 OF 2021
Shri Sagar Maruti Suryawanshi .. Applicant
IN THE MATTER BETWEEN:
... Petitioner
Vinay Vivek Arhana
Vs.
State of Maharashtra & another ... Respondents
WITH
CRIMINAL WRIT PETITION NO.229 OF 2021
Amar Mulchandani ... Petitioner
Vs.
State of Maharashtra & another ... Respondents
Page 3 of 10
951 n 911_WP.4134.19+.doc
WITH
CRIMINAL WRIT PETITION NO.230 OF 2021
Raju S. Tanwani ... Petitioner
Vs.
State of Maharashtra & others ... Respondents
WITH
CRIMINAL WRIT PETITION NO.231 OF 2021
Anisha Mulani & another ... Petitioners
Vs.
State of Maharashtra & others ... Respondents
WITH
CRIMINAL WRIT PETITION NO.228 OF 2021
(NOT ON BOARD)
Shri T.N. Lakhani ... Petitioner
Vs.
State of Maharashtra & others ... Respondents
WITH
CRIMINAL WRIT PETITION NO.227 OF 2021
(NOT ON BOARD)
Manohar Mulchandani & others ... Petitioners
Vs.
State of Maharashtra & others ... Respondents
Page 4 of 10
951 n 911_WP.4134.19+.doc
WITH
CRIMINAL WRIT PETITION NO.224 OF 2021
(NOT ON BOARD)
Chandrashekhar Ahirrao & others ... Petitioners
Vs.
State of Maharashtra & another ... Respondents
Mr.Ravi Kadam, Senior Advocate a/w Mr.Karan Kadam i/b
Mr.S.S.Bedekar for Applicant for Petitioner in WP/1110/2021 (Not
on board) and WP/1245/2021, WP Nos.728/2021 and 741/2021
Mr.Girish Kulkarni a/w Mr.Arjun Kadam for Petitioner in Writ
Petition Nos.224, 227, 228, 230, 231, 1104 of 2021
Mr.Aabad Ponda, Senior Advocate i/b Ms.Kishori Kelkar for
Petitioner in WP/1320/2021
Mr.Aabad Ponda, Senior Advocate i/b Mr.Vijay Pamnani for
Petitioner in WP/1321/2021
Mr.Nilesh Ojha a/w Mr.Tanvir Nizam, Mr.Abhishek Mishra
Mr.Shivam Mehra and Mr.Mangesh Dongre for Petitioner in
WP/226/2021 a/w WP/1320/2021
Mr.Subodh Desai a/w Mr.Pawan Mali and Mr.Kartik Garg for
Petitioner in WP Nos.220, 229 and 232/2021
Ms.Deepali Kedar for Applicant in IA/230/2019 in WP/226/2021
Mr.Rajiv Chavan, Senior Advocate a/w Mr.Nilesh Gala i/b Ms.Minal
Chandnani i/b Jaiwant S.Chandnani Associates for Respondent
No.2 in WP Nos.226, 232, 229, 228, 227 and 231/2021 and for
Respondent Nos.2 & 8 in WP/230/2021
Mr.Pranav Badheka a/w Mr.Kulkarni, Mr.Nilesh Gala and Ms.Minal
Page 5 of 10
951 n 911_WP.4134.19+.doc
Chandnani i/b Jaiwant S.Chandnani Associates for Respondent
No.2 in WP Nos.220 and 224/2021
Mr.Sachin Dhakephalkar for Applicant in IA/793/2020
Mr.Deepak Thakre, Public Prosecutor a/w Mr.J.P.Yagnik, A.P.P. for
State
Mr.Abhijit Kulkarni and Ms.Minal Chandnani for Respondent No.8
in WP/220/2021 and for Respondent No.2 in WP Nos.1240, 1241
and 1245/2021
Mr.Aarif M.Ali for Respondent No.2 in WP Nos.226 and 232/2021
Mr.Shubham Kanade a/w Ms.Rati Sinhasane i/b Mr.Umesh
Mankapure for IA/1661/2019
Mr.Vijay Patil i/b Bhagyashri P.Shelke for Petitioner in WP
Nos.1240, 1241 and 1245/2021
Mr.Mayur Khandeparkar, Mr.Aashish Sawant i/b Mr.Amol P. in
wp/728/2021
Mr.Jayesh Kumar for Petitioner in WP/318/2021
CORAM: S.S. SHINDE &
MANISH PITALE, JJ.
DATED: MARCH 12, 2021
P.C.:
1. Writ Petition Nos.228 of 2021, 227 off 2021, 224 of 2021
and Writ Petition (STAMP) No.5048 of 2021 are not on Board,
however, upon mentioning, they are taken up on Board.
951 n 911_WP.4134.19+.doc
2. This Court (Coram: Prasanna B. Varale & V.G. Bisht, JJ.) on
18th December, 2020 passed the following order in Criminal Writ
Petition No.232 of 2021 (earlier Criminal Writ Petition (stamp)
No.5456 of 2020) as under:
"Heard learned senior counsel for the Petitioner,
Learned senior counsel for Respondent No.1 and learned
counsel for Respondent No.2.
2 The present Writ Petition is filed seeking quashment of
the First Information Report bearing C.R.No. 652 of 2020
registered with Hinjewadi Police Station, Pune for the
offences punishable under Sections 406, 420, 467, 468, 471
r/w 34 of the Indian Penal Code against the petitioner. The
petitioner has also filed Interim Application No. 6408 of 2020
seeking an amendment in the Writ Petition by incorporating
certain additional grounds and placing on record the copies
of orders passed by this Court and certain additional
documents. Learned senior counsel appearing for the
petitioner submitted that the report lodged at Hinjewadi
Police Station against the petitioner is nothing but reiteration
of the allegations giving rise to FIR No. 806 of 2019
registered with Pimpari-Chinchwad Police Station, Pune. It
is then submitted by the learned senior counsel that on
lodgement of the report at Pimpari-Chinchwad Police Station,
the petitioner had approached this Court by filing the
substantive Writ Petition for seeking quashment of the report.
It was then submitted by the learned senior counsel that the
petitioner was protected under the orders of this Court
including a direction to the respondent-authorities not to take
any coercive steps in C.R.No. 806 of 2019 registered with
Pimpari-Chinchwad Police Station, Pune. The learned
senior counsel then by placing heavy reliance on the
judgment of the Hon'ble Apex Court submitted before this
Court that petitioner apprehends under the guise of fresh
reports, the respondent-authorities, particularly, the police
authorities may take steps including effecting arrest of the
applicant and his liberty would be curtailed. Learned senior
951 n 911_WP.4134.19+.doc
counsel submitted that certain transactions were referred to
in the earlier report lodged at the Pimpari-Chinchwad Police
Station and those very transactions are again referred
against the petitioner in the FIR lodged at Hinjewadi Police
Station, Pune and being used against the petitioner. Thus,
learned senior counsel for the petitioner vehemently prayed
for ad-interim order to the respondent-authorities i.e.
direction not to take coercive steps against the petitioner.
3 The learned PP while opposing the petition vehemently
submitted that there are different transactions and only some
transactions are the part of the crime registered at Pimpari-
Chinchwad Police Station. The learned PP prays for time to
file detailed reply to the petition as well as to the application
as it would require sufficient time to hear the senior counsel
appearing for the respective parties and appropriate material
placed on record.
4 As also, the application for amendment is filed recently,
the learned PP was justified in seeking some time to file
reply to the application. It is also submitted by learned PP
that the second FIR is lodged at the instance of one accused
is nothing but a counter case. We are inclined to grant time
to learned PP to file detailed reply to the Petition as well as
to the application. At this point of time, learned senior
counsel Mr. Desai prayed for an ad-interim protection to the
petitioner in the nature of direction to the respondent-
authorities not to take coercive steps against the petitioner.
Mr. Desai submitted that he would advance his submission in
detail on receiving the reply filed on behalf of the petitioner
but as this Court is granting some time to the State, the
petitioner be protected. In support of his submission Mr.
Desai placed heavy reliance in the case of Arnab
Manoranjan Goswami V/s State of Maharashtra and
Others1 . Considering the submissions of learned senior
counsel for the petitioner and in view of the earlier order
passed by this Court where the interim protection was
granted to the petitioner, we are inclined to grant the prayer
of interim protection to the petitioner accordingly.
1 2020 SCC OnLine SC 964
951 n 911_WP.4134.19+.doc
5 Post the Petition and Application for further
consideration on 14th January, 2021. Meantime, the
respondent-authorities, more particularly, Respondent No.1
is directed not to take any coercive steps against the
petitioner till the next date of hearing i.e. 14 th January, 2021."
3. Learned Senior Counsel as also learned Counsel appearing
for the respective petitioners in the above petitions submit that in
case the Investigating Officers want the presence of the petitioners
for investigation, they will extend full cooperation. We have
already continued or granted ad-interim relief in these petitions and
the same shall continue till the next date. Further, since we are
seized with the hearing of these petitions, we deem it appropriate
to impress upon the concerned Investigation Officers not to take
coercive action against the petitioners till the next date. However,
the petitioners, who are the accused in various First Information
Reports shall extend full cooperation in the investigation. They
shall attend the concerned police stations, as and when called for
investigation.
4. As regards the other connected petitions, which are not yet
numbered and not listed today, liberty is granted to the petitioners
therein to mention the matters for appropriate orders.
951 n 911_WP.4134.19+.doc
5. S.O. to 19th March, 2021 at 10am. To be heard alongwith
Writ Petition No.1110 of 2021 and other connected matters.
(MANISH PITALE, J.) (S.S. SHINDE, J.)
