Bombay High Court
Chandrashekar P. Ahirrao vs The State Of Maharashtra And Ors on 19 March, 2021
Bench: S.S. Shinde, Manish Pitale
Digitally signed
Laxmikant by Laxmikant
G. Chandan
G. Date:
Chandan 2021.03.19 (917) cri.wp-232.21&14ors.odt
20:13:43 +0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO.232 OF 2021
Chandrashekhar P. Ahirrao ... Petitioner
Vs.
State of Maharashtra & another ... Respondents
WITH
INTERIM APPLICATION NO.543 OF 2021 (NOT ON BOARD)
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
lgc 1 of 9
(917) cri.wp-232.21&14ors.odt
WITH
CRIMINAL WRIT PETITION NO.728 OF 2021
Amar Mulchandani & another ... Petitioners
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
WITH
CRIMINAL WRIT PETITION NO.226 OF 2021
lgc 2 of 9
(917) cri.wp-232.21&14ors.odt
... 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
WITH
INTERIM APPLICATION NO.915 OF 2021
IN
CRIMINAL WRIT PETITION NO.226 OF 2021
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
WITH
CRIMINAL WRIT PETITION NO.230 OF 2021
Raju S. Tanwani ... Petitioner
Vs.
lgc 3 of 9
(917) cri.wp-232.21&14ors.odt
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
Shri T.N. Lakhani ... Petitioner
Vs.
State of Maharashtra & others ... Respondents
WITH
CRIMINAL WRIT PETITION NO.227 OF 2021
Manohar Mulchandani & others ... Petitioners
Vs.
State of Maharashtra & others ... Respondents
WITH
CRIMINAL WRIT PETITION NO.224 OF 2021
Chandrashekhar Ahirrao & others ... Petitioners
Vs.
State of Maharashtra & another ... Respondents
lgc 4 of 9
(917) cri.wp-232.21&14ors.odt
Mr.Ravi Kadam, Sr.Counsel a/w Mr.Karan Kadam i/b Mr.S.S.Bedekar for
Petitioner in WP Nos.728, 1245, 741 of 2021
Mr.Girish Kulkarni a/w Mr.Arjun Kadam for Petitioner in WP Nos.224, 227,
228, 230, 231 & 232 of 2021
Mr.Nilesh Ojha a/w Mr.Abhishek Mishra in WP No.226/2020.
Mr.Rajiv Chavan, Sr.Counsel a/w Mr.Nilesh Gala, Mr.Abhijit P.Kulkarni,
Ms.Minal Chandnani i/b Jaiwant Chandnani & Associates for R.No.2 in WP
Nos.229, 226, 230, 227 & 228 of 2021
Mr.Abhijit Kulkarni and Ms.Minal Chandnani for R.No.8 in WP/220/2021 and
for R.No.2 in WP Nos.1240, 1241 and 1245/2021
Ms.Deepali Kedar for Applicant in IA/230/2021 in WP/226/2021.
Mr.Deepak Thakare, PP a/w Smt.A.S.Pai, APP for State
CORAM : S. S. SHINDE,
MANISH PITALE, JJ
DATE : 19th MARCH 2021
P.C.
1 List these Petitions for hearing on Monday i.e. 22/03/2021 at 2.30
pm along with other connected matters.
2 We have already continued interim/ad-interim relief granted in
favour of the Petitioners in these Petitions by a detailed order dated
12/03/2021. We propose to continue the interim/ad-interim relief additionally
for the reason 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.
lgc 5 of 9
(917) cri.wp-232.21&14ors.odt
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).
3 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
lgc 6 of 9
(917) cri.wp-232.21&14ors.odt
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 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.
lgc 7 of 9
(917) cri.wp-232.21&14ors.odt
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.
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."
4 Since these Writ Petitions are being taken up for final hearing and
in two connected Writ Petitions being Nos.4134 of 2019 and 1110 of 2021 final
hearing is almost complete, we deem it appropriate to continue the interim/ad-
interim relief granted earlier in these Writ Petitions.
1 2020 SCC OnLine SC 964
lgc 8 of 9
(917) cri.wp-232.21&14ors.odt
5 Hence interim/ad-interim relief granted earlier in these Writ
Petitions shall continue to operate till next date.
[MANISH PITALE, J] [S. S. SHINDE , J]
lgc 9 of 9
