Amarjeetsingh Mohindersingh ... vs The State Of Maharashtra And Anr
2021 Latest Caselaw 5023 Bom

            Digitally signed
Laxmikant   by Laxmikant G.
G.          Chandan
            Date: 2021.03.19
Chandan     20:14:17 +0530            (917) cri.wp-4134.19&1110.21.odt




                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     CRIMINAL APPELLATE JURISDICTION

                                 CRIMINAL WRIT PETITION NO.4134 OF 2019


            Amarjeetsingh Mohindersingh Basi                        ... Petitioner

                         Vs.

            State of Maharashtra & another                        ... Respondents

WITH CRIMINAL APPLICATION NO.444 OF 2019 IN CRIMINAL WRIT PETITION NO.4134 OF 2019

Sagar Maruti Suryawanshi .... Applicant

In the matter between

Amarjeetsingh Mohindersingh Basi ... Petitioner

Vs.

State of Maharashtra & another ... Respondents

WITH INTERIM APPLICATION NO.793 OF 2020 IN CRIMINAL WRIT PETITION NO.4134 OF 2019

Dhanraj Nathuram Aswani .... Applicant

In the matter between

Amarjeetsingh Mohindersingh Basi ... Petitioner

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Vs.

State of Maharashtra & another ... Respondents

WITH CRIMINAL WRIT PETITION NO.1110 OF 2021

Shri Chandrashekhar Ahirrao & another ... Petitioners

Vs.

State of Maharashtra & another ... Respondents

Mr. Sachin Dhakephalkar for the Applicant in IA No.793 of 2021 Ms. Deepali Kedar for the Applicant in APPW No.444 of 2021. Mr. Ravi Kadam, Sr. Counsel a/w Mr. Karan Kadam i/by Mr. S S Bedekar for the Petitioner in Writ Petition No.1110 of 2021 & for the Intervener in Writ Petition No.4134 of 2019.

Dr. Milind Sathe, Senior Advocate, a/w Mr. J G Aradwad for Respondent No.2 in Writ Petition No.4134 of 2019.

                         CORAM :      S. S. SHINDE,
                                      MANISH PITALE, JJ
                         DATE     :   19th MARCH 2021
P.C.

1           Heard Mr. Ravi Kadam, the learned Senior Counsel appearing for

the Petitioner in Writ Petition No.1110 of 2021 and for the Intervener in Writ

Petition No.4134 of 2019 at length. He has concluded his argument for the

Petitioner in Writ Petition No.1110 of 2021 and for the intervener in Writ

Petition No.4134 of 2019

2 We also heard Dr. Milind Sathe, the learned Senior Counsel

appearing for contesting Respondent No.2 in Writ Petition No.4134 of 2019 at

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length. He has concluded his argument for contesting Respondent No.2.

3 We also heard Mrs. A S Pai, the learned APP appearing for the

Respondent/State. She has concluded her argument for Respondent/State.

4 Mr. Ravi Kadam, the learned Senior Counsel appearing for the

Petitioner in Writ Petition No.1110 of 2021 and for the intervener in Writ

Petition No.4134 of 2019, wish to give rejoinder. He, therefore, prays for time.

5 We propose to continue ad-interim relief granted earlier in these

Petitions till the next date of hearing for the reasons that in order dated

27/08/2019 passed in Writ Petition No.4134 of 2019 by the Division Bench of

this Court (Coram : Ranjit More & N J Jamadar, JJ). 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

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convenience of this Court.

8 Till then, there shall be ad-interim reliefs in terms of prayer clause (c) & (d).

6 Thereafter in another connected 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

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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.

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.

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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."

7 Since we have taken up these Petitions for final hearing and hearing is

almost over and, Mr. Ravi Kadam, the learned Senior Counsel appearing for the

Petitioner intends to make submission in rejoinder on next date of hearing, we

are therefore inclined to continue interim/ad-interim relief granted earlier in

these Petition. Accordingly interim/ad-interim relief granted in these Petition is

continued till next date of hearing.

8 List both the Writ Petitions on Monday i.e. on 22/03/2021 at 2.30

pm.

[MANISH PITALE, J]                                          [S. S. SHINDE , J]




1     2020 SCC OnLine SC 964

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