Bombay High Court
Yogesh S/O Marotrao Rehpade vs State Of Mah. Thr. Pso, Ps Pawni, ... on 28 September, 2022
Bench: V. G. Joshi
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (APPLN) NO. 78/2022
Yogesh S/o Marotrao Rehpade,
aged about 36 years, Occ. Nil,
R/o. Vitthal Mandir Ward, Chandrapur,
Tq. & Dist. Chandrapur.
... APPLICANT
(In Jail)
VERSUS
1. State of Maharashtra, through
Police Station Officer, Police
Station Pawni, Tq. Pawni, Dist.
Bhandara.
2. Police Station Officer, Police
Station Chandrapur City,
Chandrapur, Tq. & Dist.
Chandrapur.
3. Police Station Officer, Police
Station Gadchiroli, Tq. & Dist.
Gadchiroli.
4. Police Station Officer, Police
Station Umred, Tq and Dist.
Nagpur.
5. Police Station Officer, Police
Station Butibori, Tq. & Dist.
Nagpur.
2
6. Lokesh S/o Marotrao Rehpade,
Aged about major, R/o. At
present, District Prison,
Chandrapur, (Crime Nos.
1560/2017, 671/2017,
193/2019)
7. Manoj S/o Ramdas Barsagde,
aged about major, R/o. Armori,
Tq. & Dist. Chandrapur
(Crime Nos. 295/2017,
193/2019)
8. Sunil S/o Kashnath Yerne, aged
about major, R/o. At present
District Prison, Chandrapur
(Crime Nos. 295/2017,
1560/2017, 193/2019)
9. Ganesh S/o Keshav Bhandekar,
aged about major, R/o. Londoli,
Tah. Sawali, Tq. Chandrapur
(Crime No. 295/2017)
10. Mangesh S/o Vilas Giradkar
Aged about Major, R/o. At
present District Prison,
Chandrapur (Crime Nos.
1560/2017, 671/2017,
193/2019)
11. Sudarshana w/o Yogesh
Rehpade, aged about major, R/o.
Atharva Nagri, Besa, Nagpur
(Crime No. 1560/2017)
12. Marotrao S/o Hanbaji Rehpade,
aged about major, R/o. Atharva
Nagri, Besa, Nagpur. (Crime No.
1560/2017)
3
13. Mangla w/o Marotrao Rehpade,
aged about major, R/o. Atharva
Nagri, Besa, Nagpur (Crime No.
1560/2017)
14. Syed Raufuddin Kazi, Aged
about major, R/o. Chandrapur
(Crime No. 1560/2017)
(Non-applicant Nos. 6 to 14 have
been added as per Courts
order dated 18.07.2022.)
... NON-APPLICANTS.
_____________________________________________________________
Mr. S. K. Bhandarkar, Advocate for applicant.
Mrs M. Deshmukh, APP for non-applicant Nos. 1 to 5.
Mr. Anand Deshpande, Advocate for non-applicant Nos. 6, 9,
10, 11, 12, 13.
Mr. R. M. Tahaliyani, Advocate for non-applicant No. 14.
______________________________________________________________
CORAM : VINAY JOSHI, J.
DATE OF JUDGMENT : 28.09.2022.
ORAL JUDGMENT :
Heard.
2. Admit.
3. This application is made by applicant Yogesh Marotrao
Rehpade who is happened to be principal accused in five special cases
under Sections 406, 409, 420 of the Indian Penal Code read with
Section 34 of the Indian Penal Code and under the provision of Section
3 of the Maharashtra Protection of Interest of Depositors (In Financial
Establishments) Act, 1999 ('MPID Act'). Precisely Special Case No.
4/2020 is pending in the Court of Bhandara, Special Case No. 33/2020
is at Chandrapur, Special Case No. 57/2020 is at Gadchiroli, whilst
Special Cae No. 61/2020, 225/2020 are at Nagpur. It is submitted that
the allegations levelled in all five cases are identical in nature as well as
the prosecution case against accused is common.
4. It was a prosecution case that a Company namely SJSV of
which the applicant was director-employee, was carrying business at
different places through its branches. Several persons have invested
the amount for purchasing plot and when it was not refunded, reports
have been lodged at various places giving rise to above named five
cases. Almost allegations in all cases are same against the respective
accused.
5. The learned counsel appearing for the applicant would
submit that in the course of same transaction, the deposits were
accepted and thus, it is advisable to club all the cases at one place for
the sake of convenience.
6. To substantiate said contention, the applicant relied on the
decision of the Supreme Court in case of Abhishek Singh Chauhan Vs.
Union of India and others, (Writ Petition No (criminal) No. 40/2022,
decided on 13.07.2022), wherein the Supreme Court has clubbed all
the cases of similar nature relating to the offences under the MPID Act.
Similarly ,reliance is placed on the decision of Supreme Court in cases
of Navika Kumar Vs. Union of India and others, (Writ Petition No.
(Criminal) No. 286/2022 decided on 23.09.2022) and N. V. Sharma Vs.
Union of India and others, (Misc. Application No. 1238/2022) to
support said contention. Moreover, my attention has been invited to
the decision of this Court in case of Ms. Ketaki Chitale d/o Milind
Chitale Vs. The State of Maharashtra and others , (Criminal Writ
Petition No. 1919/202 and other connect matter decided on
22.08.2022) to substantiate the stand.
7. Though other non-applicants who are accused in rest of the
cases have been served, most of them offered no objection for transfer.
Some of them remained absent despite services.
8. The State though initially resisted the application by filing
reply, however, there is no dispute that all offences are arising out of
same transaction and the allegations are of similar nature. Moreover, it
is submitted that in none of the special case, charge has been framed.
In the circumstances, in view of above decisions, it would be
advantageous to club all the cases in one Court. Upon query, the
learned APP submitted that it is convenient for prosecution to club all
the case at Nagpur Court.
9. In view of above, application is allowed and disposed of.
Special Case No. 4/2020 pending in the Court of Bhandara, Special
Case No. 33/2020 at Chandrapur, Special Case No. 57/2020 at
Gadchiroli are hereby withdrawn from the respective Courts and
transfer to the Special Court, at Nagpur. The learned Principal District
Judge, Nagpur shall assign these cases to the appropriate Court of
competent jurisdiction for its disposal according to law.
(VINAY JOSHI, J.)
Gohane
JITENDRA
BHARAT
GOHANE
Digitally signed by
JITENDRA BHARAT
GOHANE
Date: 2022.09.29
16:59:14 +0530
