Mukesh Narayan Gade And Ors vs The State Of Maharashtra And Ors
2022 Latest Caselaw 9371 Bom

         Digitally
         signed by                                 08-WP 1005-20.DOC
         VINA
VINA     ARVIND
ARVIND   KHADPE
         Date:
KHADPE   2022.09.16
         16:51:13
         +0530

                      Vina Khadpe



                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    CRIMINAL APPELLATE JURISDICTION
                              CRIMINAL WRIT PETITION NO.1005 OF 2020

                      Mukesh Narayan Gade and                               ... Petitioners
                      ors.
                            Versus
                       THE STATE OF
                      MAHARASHTRA AND ORS.                                 ... Respondents

                      Mr. AMIR MALLIK A/W BHAVANA DUBEPATIL,
                      Advocates i/b. JAY & CO. for the Petitioners.
                      Ms. M.M. DESHMUKH, APP for the Respondent -
                      State.


                                              CORAM:            M. S. SONAK &
                                                                N.R. BORKAR, JJ.

                                              DATED :           16th September 2022


                      P.C.:

1. Heard Mr. Amir Mallik a/w Bhavana DubePatil, learned Advocates for the Petitioners and Ms. M. M. Deshmukh, learned APP for the Respondent.

2. The Petitioners claim to be victim of an economic fraud. They have instituted this Petition seeking transfer of investigation in the fve FIRs registered in the matter, to the State CID. They also seek a direction for carrying out a forensic audit so that the guilty persons are brought to book efectively and quuickly.

16th September 2022 08-WP 1005-20.DOC

3. This Petition was instituted in the year 2019. Learned counsel for the Petitioners admits by now the investigation have been completed in fve FIRs and even the Chargesheets have been fled before the competent Court. He, further, points out that the difculties faced by the Petitioners and persons similarly placed. He submits that the investigation have resulted in the recovery of hardly an amount of Rs.20 Crores when the amount involved in the fraud is over 50 Crores.

4. In our judgment, now that the chargesheets have already been fled, it will not be appropriate for us to entertain this Petition. Insofar as relief of forensic audit or even the relief for further investigation in the matter are concerned, we grant the Petitioners liberty to take such steps as they are advised in accord with law. The Petitioners should also consider taking out an appropriate proceedings in the Court where the chargesheets have been fled.

5. With the above liberty this Petition is disposed of.

( N.R. BORKAR, J)                               (M. S. SONAK, J)





                         16th September 2022