Sopan R. Suryawanshi v. Gyaneshwar Awari And ANR

1 / 2 24-APL-1117-18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1117 OF 2018 Sopan R. Suryawanshi.

... Applicant

Versus

Gyaneshwar Awari & Anr.

... Respondents ....

• Mr. Karan Kadam a/w Mr. Kunal Nawab i/b Mr. Kripshankar Pandey for Applicant.

• Mr. F. R. Shaikh, APP for State - Respondent No.2. CORAM : B. P. DHARMADHIKARI & SARANG V. KOTWAL, JJ.

DATE : 10th DECEMBER, 2018.

P.C. :

1.

Prayer by Petitioner is to quash the FIR No.21/18 registered on 30/05/2018 u/s 7 and 12 of Prevention of Corruption Act, 1988. Contention is that before registering the FIR, no sanction from State Government was obtained. Second contention is the story of demand has been introduced later on. Our attention is drawn to documents from page 25 to 27 to urge that there no such story appears.

2.

The charge-sheet is still not presented. The report lodged by Assistant Police Commissioner shows that two mobile Nesarikar

2 / 2 24-APL-1117-18.odt sets have been taken in custody and it is claimed that between 09/11/2017 and 20/11/2017 a demand of Rs.2 Crores was made from the complainant who approached Mr.H.S. Chakravarty. It is claimed that demand was for not taking prejudical steps in furtherance of investigation and visit to establishment namely McNally Bharat Engineering Company Limited, between September and October 2016.

3.

The document at page Nos.25 to 27 is in relation to that investigation and the date on which that document has been prepared is not very clear.

4.

On the basis of material presented to us we are not in a position to appreciate the contention that story of demand has been introduced later on. In this situation, we refuse to intervene in extra-ordinary jurisdiction at this stage. 5.

Application disposed of accordingly.

(SARANG V. KOTWAL, J.) (B. P. DHARMADHIKARI, J.)