Nisha Vinit Gupta vs The State Of Maharashtra And Ors
2022 Latest Caselaw 9526 Bom

NISHA       Digitally signed by NISHA
            SANDEEP CHITNIS
SANDEEP     Date: 2022.09.22
CHITNIS     12:27:27 +0530


                                                                      55-wp.3984.2021(gr).doc


                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CRIMINAL APPELLATE JURISDICTION

                                        CRIMINAL WRIT PETITION NO.3984 OF 2021
                                                        WITH
                                        CRIMINAL WRIT PETITION NO.3985 OF 2021

                  Nisha Vinit Gupta                                     ...Petitioner
                       Versus
                  State of Maharashtra and Ors.                         ...Respondents

                                                        WITH
                                        CRIMINAL WRIT PETITION NO.5522 OF 2021
                                                        WITH
                                        CRIMINAL WRIT PETITION NO.6517 OF 2021

                  Vinit Ramesh Gupta                                    ...Petitioner
                       Versus
                  The State of Maharashtra and Anr.                     ...Respondents

                                                        WITH
                                        CRIMINAL WRIT PETITION NO.5518 OF 2021
                                                        WITH
                                        CRIMINAL WRIT PETITION NO.6494 OF 2021

                  Ramesh Bholaram Gupta                                 ...Petitioner
                       Versus
                  The State of Maharashtra and Anr.                     ...Respondents

                  Ms. Mansha Khemka a/w Ms. Twinkle Khemka and Ms. Bhagyashree
                  Upadhyay i/b Khemka and Associates, for the Petitioners.

                  Ms. S. D. Shinde, A.P.P for the Respondent No.1- State.

                  Mr. Amit Dubey i/b Mr. Ashok M. Saraogi, for the Respondent Nos.2
                  and 3.

N. S. Chitnis                                                                             1/3
                                                                    55-wp.3984.2021(gr).doc


                                         CORAM : REVATI MOHITE DERE &
                                                 PRITHVIRAJ K. CHAVAN, JJ.

                                         DATE     : 20th SEPTEMBER 2022

                P.C. :

1. The grievance of the learned counsel for the petitioners is

that two FIRs were registered, as against the petitioners i.e. C.R. No.3

of 2019 (original C.R. No.591 of 2018) by the Economic Offences

Wing, Unit No.III, GC and C.R. No.71 of 2019 with the Economic

Offences Wing, Unit No.II, GC i.e. original C.R. No.454 of 2019,

registered with the Andheri Police Station, Mumbai. She submits that

in the second FIR, the allegations are identical to that of the first FIR

and as such the question of lodging the second FIR and filing of

charge-sheet in the said FIR would not arise. She further submits that

the period during which the offence is stated in both the CR's, is

identical. In this context, learned counsel for the petitioners relied on

the judgment of the Apex Court in the case of Anju Chaudhary v/s

State of Uttar Pradesh and Another1.

1   2013 AIR (SCW) 245

N. S. Chitnis                                                                          2/3
                                                                55-wp.3984.2021(gr).doc

2. Learned APP seeks time to take instructions.

3. At her request, stand over to 4th October 2022.

PRITHVIRAJ K. CHAVAN, J. REVATI MOHITE DERE, J.

N. S. Chitnis                                                                      3/3