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Bombay High CourtWP/4431/2022disposed off

Sanjay Kerba Durge And ORS. v. State Of Maharashtra And ORS.

2023-11-30Hon'Ble Shri Justice A.S. Gadkari,Hon'Ble Shri Justice Shyam C. Chandak2 pages

V.A. Tikam 15- WP 4431 of 2022.doc VAISHALI ANIL TIKAM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION by VAISHALI ANIL TIKAM Date:

2023.12.08 11:46:00 +0530 WRIT PETITION NO. 4431 OF 2022 Sanjay Kerba Durge and Ors.

.. Petitioners vs.

The State of Maharashtra and Ors.

.. Respondents Mr. D.V. Sutar a/w. Mr. Kiran G. Kulkarni for Petitioners Ms. Mahalakshmi Ganpathy, APP for the State-Respondents CORAM: A. S. GADKARI AND SHYAM C. CHANDAK, JJ.

DATE : 30th NOVEMBER, 2023.

P. C.:- 1) In pursuance of Order dated 25th October, 2023, Shri Anup Kumar Singh, Principal Secretary (Special), Home Department, Mantralaya, Mumbai has filed an Affidavit dated 28th November, 2023. It is stated therein that, in pursuance of the communication received from the Collector of Kolhapur for appointment of Competent Authority, an Order bearing No. MPID-1122/CR No.89/Pol-15 dated 14th June, 2023 under Sections 4 (1) and 5 of the Maharashtra Protection of Interest of Depositors (in Financial Establishments) Act, 1999 (for short 'MPID Act')has been issued. 2) In view thereof, directions issued vide Order dated 25th October, 2023 are complied with.

3) Perusal of the Order dated 14th June, 2023 passed by the Home 1/2

V.A. Tikam 15- WP 4431 of 2022.doc Department, Government of Maharashtra indicates that in its Schedule 21 properties are mentioned, which have been attached under the provisions of MPID Act.

3.1) Mr. Sutar, learned Counsel for the Petitioners submitted that the Petitioners vide their Communication dated 21st September, 2022 has given information to the Collector's Office, Kolhapur so also to the Investigation Agency that, there are many other properties involved in the present crime and the same may also be attached under the provisions of the MPID Act. 4) We therefore direct the Investigating Agency to consider the representation of the Petitioners dated 21st September, 2022 and if it finds that there is substance in it, may adopt appropriate legal remedies and measures in that behalf.

5) In view of the above, the substantive prayer of the Petitioners is worked out. Petition is accordingly disposed off. (SHYAM C. CHANDAK,J.) (A. S. GADKARI, J.) 2/2