63, Moons Technologies Ltd. Through Mihir Kamdev v. The State Of Maharashtra

ash apl-328.16 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.328 OF 2016 IN CRIMINAL WRIT PETITION NO.2479 OF 2016 Office Notes, Office memorandum of Coram, appearances, Court's Court's or orders or directions & Judge's orders.

Registrar's orders.

Shri R.M. Kadam, Senior Counsel along with Shri Vineet Naik, Shri Manik Joshi and Ms. Aditi Shukla i/b M/s. Crawford Bayley & Co for the Applicant. Shri P.K. Dhakephalkar, Senior Counsel i/b Shri Sandeep R. Karnik for the Applicant in Criminal Application No.326 of 2016.

Shri Avinash B. Avhad, Special Public Prosecutor for the State. - CORAM :

A.S. OKA & A.A.SAYED, JJ DATED :

1ST AUGUST 2016 P.C.:

.

The Special Public Prosecutor tenders an affidavit of Shri Arvind Wadhankar, Senior Inspector of Police and Chief Investigation Officer, SIT, Economic Offences Wing, CID, Mumbai. The learned Senior Counsel appearing for the Applicant in view of the statements made in the affidavit states that the Applicant is not pressing this Application. The learned Senior Counsel appearing for the Intervenor (Criminal Application No.326 of 2016 in Criminal Writ Petition No.2479 of 2016) has a strong

ash apl-328.16 objection to the statements made by the Senior Inspector of Police in Paragraphs 7 to 9 of his affidavit.

2.

We must make it clear that as the Applicant is not pressing this Application, we are not considering the issue of legality and validity of the stand taken by Shri Arvind Wadhankar, Senior Inspector of Police and Chief Investigation Officer, SIT, Economic Offences Wing, CID, Mumbai in his affidavit. We also make it clear that if the Intervenor has any issue concerning the statements made in the affidavit, it is always open for the Intervenor to adopt appropriate proceedings in accordance with law.

3.

Subject to what is observed above, the Application is disposed of.

4.

The main Writ Petition shall be listed for admission on the CMIS date i.e. 13th September 2016.

(A.A. SAYED, J) (A.S.OKA, J)