Dr. Ashok Gajanan Lanjewar And Others v. Union Of India Thr. Secretary Ministry Of Corporate Affairs North Block New Delhi And Others

2025:BHC-NAG:256-DB 1 901.wp.1041.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL WRIT PETITION NO.1041/2017 Dr. Ashok Gajanan Lanjewar and Ors.

Vs.

Union of India and Ors.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. S. S. Singne, Advocate for Petitioners.

Mr. N. S. Deshpande, DSGI for Respondent Nos.1 to 4. Mr. S. S. Doifode and Ms S. S. Jachak, Addl.P.P. for Respondent Nos.6 and 7/State.

Ms J. D. Dharmadhikari, Advocate for Respondent No.5. Mr. R. R. Vyas, Advocate for Intervenor.

CORAM : NITIN W. SAMBRE AND MRS.VRUSHALI V. JOSHI, JJ.

DATED : 09/01/2025.

.

We have heard Mr. Shingne, learned Counsel appearing for the petitioner for some time in respect to the prayer for transfer of the investigation. He has argued that there is absence of Forensic Audit Report and also the investigation ought to be carried out by the expertise agency.

2.

In response to the above, the learned Counsel for the petitioner Mr. Shingne has invited attention of this Court to the order dated 27.09.2019 in Criminal Writ Petition No.482/2019 claiming that the directions were issued to the State Government to appoint Forensic Financial Auditor for conducting forensic audit in Crime No.156/2014.

3.

According to him, further developments in that matter is not placed on record and that being so, the petitioner is pressing his prayer.

2 901.wp.1041.17 4.

As against above, the learned Additional Government Pleader Ms S. S. Jachak has invited our attention to the compliance of the order dated 27.09.2019. According to her, in compliance with the order referred above dated 27.09.2019 passed in Criminal Writ Petition No.482/2019 [Vivek Ashok Pathak Vs. State of Maharashtra and Ors.], the Forensic Financial Audit was conducted and accordingly, a report was submitted before the Trial Court on 20.03.2023. According to her, the trial has already advanced and the prosecution till this date has examined 65 witnesses. She has further stated that in support of the aforesaid report of the Forensic Financial Auditor, the evidence shall be led before the Trial Court at an appropriate stage.

5.

In our opinion, the aforesaid submission by the learned Additional Public Prosecutor sufficiently redresses the grievance made by the petitioner.

6.

In that view of the matter, we dispose of the petition.

7.

We direct that the amount deposited pursuant to the compliance of the order of this Court by the petitioner No.1 be refunded to him with an accrued interest.

(MRS. VRUSHALI V. JOSHI, J.) (NITIN W. SAMBRE, J.) RGurnule