In a recent development, the Bombay High Court has granted a stay on any further proceedings in the First Information Report (FIR) filed against Baramati Agro Ltd, a firm associated with NCP MLA Rohit Pawar. The FIR alleges the company's disobedience of an order passed by a public servant. The decision to stay the proceedings came after a plea was filed by Subhash Ghulave, the executive director of Baramati Agro, seeking the quashing of the FIR.
The FIR was registered based on a complaint filed by Ram Shinde, a Member of the Legislative Council from Bharatiya Janata Party (BJP), who had previously lost to Rohit Pawar in the 2019 assembly elections from the Karjat-Jamkhed constituency.
The crux of the matter revolves around the commencement of the sugarcane crushing season by Baramati Agro. According to the plea filed by Subhash Ghulave, the State cabinet had decided in September 2022 that the sugarcane crushing season for 2022-23 would begin on October 15, and any contravention of this decision would lead to criminal action against the responsible party.
Ram Shinde's complaint alleged that Baramati Agro started its sugarcane crushing operations on October 10, 2022, which prompted the sugar commissioner to appoint a special auditor, Ajay Deshmukh, to investigate the matter. Initially, Deshmukh provided a report stating that the crushing season did not begin before the stipulated date as claimed by Shinde.
However, Shinde raised objections to Deshmukh's report, leading to his suspension. Subsequently, Dnyandev Mukane, Additional Registrar - Credit Society, was appointed to conduct a fresh probe into the allegations. According to the plea, Mukane's report, submitted on December 7, 2022, supported Shinde's allegations.
Subhash Ghulave, in his plea, argued that the company was not given access to the auditor's report until a show cause notice was issued to them in March 2023. The petitioner contended that the findings in Mukane's report were based on what they consider "frivolous material," including photographs and videos provided by Shinde, and claimed that there was no independent application of mind by the investigating officer.
Based on these grounds, Subhash Ghulave approached the Bombay High Court seeking the quashing of the FIR and a stay on any proceedings arising from it. The division bench of Justice Nitin W Sambre and Justice Rajesh N Laddha heard the plea and granted the stay on July 21. The court is set to hear the matter on September 11.
The stay on the proceedings has provided temporary relief to Baramati Agro, and the upcoming court hearing will be crucial in determining the future course of action in this controversial case. As the legal battle unfolds, the focus remains on the evidence presented and the court's examination of whether the allegations of disobedience of a public servant's order hold ground.
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