Ramesh Nagnath Kadam v. The State Of Maharashtra And ANR
Nisha Sandeep Chitnis Nisha Sandeep Chitnis Date: 2018.08.01 06:58:16 +0530 1/4 nsc.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.736 OF 2016 Ramesh Nagnath Kadam
...Petitioner
Versus
The State of Maharashtra and Ors.
...Respondents
Mr.Abdul Wahab Khan, for the Petitioner.
Mrs.P.P.Shinde, A.P.P for the Respondent-State. CORAM : R. M. SAVANT & REVATI MOHITE DERE, JJ.
DATE : 27th JULY, 2018 P.C. :
1.
The above Writ Petition has been filed for clubbing of seven FIRs, which are reproduced herein under:- Sr.
No.
FIR and Date of Registration of FIR Place of Registration of FIR Section Date of Offence Name of Complainant Accused Amount 1.
80/2015 @ 23/04/2015 Jalna Police Station.
408, 409 r/w 34 IPC 01/04/2014 to 31/03/2015 Anil Raghoji Mhaske Madhukar Baburao Vaidye.
Ashok Eknath Bhandare.
Rs.8,43,57,886/-
2/4 2.
135/2015 @ 09/05/2015 Shivaji Nagar, Beed.
408, 409 r/w 34 IPC 01/04/2014 to 31/03/2015 Anil Mhaske Laxman Panduang.
Bapurao Mahadev and two others.
Rs.6,58,64,178/- 3.
88/2015 @ 11/05/2015 Gavagotha Police Station, Parbhani.
406, 409, 420 r/w 34 IPC 01/04/2014 to 31/03/2015 Kishore Bhimrao Pawar Sugreev Gaikwad, Chandreshekar Dangre, Sushma Kasbe.
Rs.3,65,57,886/- 4.
107/2015 @ 22/05/2015 Buldhana Police Station, Buldhana City 408, 409 r/w 34 IPC 22/05/2015 Atul Salunke 5.
160/2015 @ 09/06/2015 Bhandara Police Station.
408, 409 r/w 34 IPC 01/04/2014 to 31/03/2015 Ramesh Janardhan Meshram Rs.24,69,48,000/ 6.
119/2015 @ 06/06/2015 Hingoli Police Station.
406, 408, 409, 417, 420 r/w 34 IPC 02/07/2014 to Ramesh Janardhan Meshram Sugreev Gaikwad, Sugees.
7.
336/2015 @ 18/07/2015 Dahisar Police Station.
406, 408, 409, 420, 465, 467, 468, 471, 384, 120B, r/w 34 IPC and 7, 13(1) (C) P.C. Act.
13/08/2012 to 12/11/2014 Deputy Superintendent Ramesh Kadam and Others.
2.
The said FIRs have been registered in respect of the fraud which is committed in respect of Sahityaratna Lokshahir Annabhau Sathe Vikas Mahamandal (Ltd.), Aurangabad, of which the Petitioner, at the relevant time was the Chairman. The clubbing of the said FIRs is sought on
3/4 the basis that the allegations contained in the said FIRs are identical and that there are no private persons involved.
3.
The learned APP Mrs.Shinde informs us that insofar as the offences registered with the Police Stations in Hingoli, Parbhani, Jalna, Buldhana, Beed and Bhandara Districts are concerned, they are being investigated by the State-CID. Hence, out of the list of the seven FIRs what remains is the FIR registered with the Dahisar Police Station. The cause of action of registration of the offences at various places prima facie is different and therefore insofar as the offences registered with the Dahisar Police Station is concerned, atleast at this stage, it cannot be directed that it should be investigated with the offences registered at the Police Stations in the Marathwada Region.
4.
Upon this, the learned counsel appearing for the Petitioner Mr. Abdul Wahab Khan, seeks withdrawal of the above Writ Petition with liberty to approach this Court at an appropriate time for all the cases to be heard by one Court.
4/4 5.
The above Writ Petition is accordingly allowed to be withdrawn with liberty as prayed for.
6.
Needless to state that if any such Petition is filed for seeking the relief as mentioned aforesaid, the same would be considered on its own merits and in accordance with law.
(REVATI MOHITE DERE, J.) (R. M. SAVANT, J.)