Bombay High Court
Ashwin Ashok Kamat And Ors vs The State Of Maharashtra And Anr on 19 March, 2021
Bench: S.S. Shinde, Manish Pitale
Digitally signed
Laxmikant by Laxmikant G.
G. Chandan
Date: 2021.03.19
Chandan 20:14:55 +0530 (917) wp-1442.21.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO.1442 OF 2021
Ashwin Ashok Kamat & ors. ... Petitioners
Vs.
State of Maharashtra & anr. ... Respondents
Mr. Aabad Ponda , Senior Advocate i/by Mr. Santosh S Musale for the
Petitioners.
Mr. Deepak Thakre, PP a/w Mrs. A S Pai, APP for the Respondent/State.
Mr. Abhijeet Kulkarni a/w Mr. Nilesh Gala i/by Ms. Minal Chandnani for
Respondent No.2.
CORAM : S. S. SHINDE,
MANISH PITALE, JJ
DATE : 19th MARCH 2021
P.C.
1 Heard Mr. Aabad Ponda, the learned Senior Counsel appearing for
the Petitioners.
2 Issue notice to the Respondents, returnable on 07/04/2021.
3 In addition to regular mode of service, the Petitioners to serve the
Respondents by alternate mode of service such as Fax/E-mail/Courier and
shall file affidavit of service with tangible proof before the returnable date.
4 Mrs. A S Pai, the learned APP waives service of notice on behalf of
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Respondent/State. Mr. Abhijeet Kulkarni, the learned counsel appearing for
Respondent No.2 waives service of notice on behalf of Respondent No.2.
5 The learned Senior Counsel appearing for the Petitioner prays for
ad-interim relief to the effect that coercive action may not be taken against the
Petitioner during pendency of this Writ Petition.
6 It is brought to our notice that in similar Writ Petition bearing
No.4134 of 2019 on 27/08/2019 the Division Bench of this Court (Coram :
Ranjit More & N J Jamadar, JJ) has granted ad-interim relief in favour of the
Petitioner therein. While granting ad-interim relief this Court recorded as
follows :-
"4 Mr. Desai, learned senior counsel for the petitioner
invited our attention to the provisions of Section 81 of
the Maharashtra Co-operative Societies Act, 1960 and
especially the provisions of Sub-Section 5B thereof and
submitted that the FIR can be filed only by the auditor
and, on his failure, by the Registrar.
5 In the above circumstances, arguable points are raised,
and therefore, the petition deserves to be heard finally at
admission stage.
6 Stand over to 18th September, 2019. To be placed on
supplementary board.
7 The parties are put to notice that the petition would be
heard finally at the admission stage subject to the
convenience of this Court.
8 Till then, there shall be ad-interim reliefs in terms of
prayer clause (c) & (d).
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7 Additionally we find that in another similar Writ Petition bearing
No.229 of 2021(Earlier Writ Petition Stamp No.5457 of 2020) another Division
Bench of this Court (Coram : Prasanna B Varale & V.G. Bisht, JJ) in order dated
18/12/2020 while granting interim/ad-interim relief to the Petitioner therein
recorded as follows :-
"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
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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 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
1 2020 SCC OnLine SC 964
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granted to the petitioner, we are inclined to grant the
prayer of interim protection to the petitioner accordingly.
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."
8 It is also brought to our notice that in Writ Petition filed by Co-
Accused bearing Writ Petition No.1380 of 2021 arising out of the same FIR, we
have granted ad-interim relief to the Petitioner therein by relying upon the
earlier reasoned order granting interim/ad-interim relief to the Petitioners
similarly placed.
9 We find that the subject matter of the present Petition pertains to
the transaction which was the subject matter of the FIR in which the
Petitioners have approached this Court and interim/ad-interim relief has been
granted in their favour to the extent that coercive action would not be taken
against the Petitioners therein.
10 Hence we are of the opinion that the Petitioners before this Court
in the instant Writ Petition also deserves for limited ad-interim
relief/protection as granted to the similarly situated Petitioners in the
aforementioned Writ Petition pending before this Court. We, therefore, inclined
to grant such limited protection for the reason that we intend to finally dispose
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of this Petition on the next date of hearing.
11 We, therefore, direct the concerned Investigating Officer not to
take coercive action against the Petitioner, however, the Investigating Officer to
proceed with the investigation. The Petitioners are directed to appear before
the Investigating Officer in the office of EOW, Pimpari, Pune on 22/03/2021,
24/03/2021 and 26/03/2021 between 11.00 am and 01.00 pm, and thereafter
as and when the Petitioners are called by the Investigating Officer. However,
the Petitioners shall extend full cooperation in the investigation.
12 List the Petition for final disposal on 07/04/2021 at 2.30 pm.
[MANISH PITALE, J] [S. S. SHINDE , J]
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