Nilesh Raghani v. State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1118 OF 2025 Nilesh Raghani .....Petitioner Vs.

The State of Maharashtra & Anr.

.....Respondents Mr. Imran Shaikh a/w Mr. Chirag Sawant & Mr. Aditya Gole, for the Petitioner.

Ms. Kranti T. Hiwrale, APP for Respondent-State. Mr. J.P. Pille, PSI (Pairavi Adhikari) attached to Vile Parle, Police Station present.

CORAM : REVATI MOHITE DERE & DR. NEELA GOKHALE, JJ.

DATE : 12th MARCH 2025.

P.C.:- 1) Heard learned counsel for the parties.

2) By this Petition, the Petitioner seeks the following reliefs: "a) That pending the hearing and final disposal of this Petition, this Hon'ble Court be pleased to stay the proceedings under CC. No. 1553/PW/2016 pending before the Ld. JMFC, 65th Court, at Andheri, to prevent irreparable harm and prejudice to the Petitioner.

b) That this Hon'ble Court be pleased to direct the transfer of investigation in MECR No. 07/2014 registered with 1/3

Vile Parle Police Station to the Economic Offences Wing, Mumbai.

c) That this Hon'ble Court be pleased to direct the Economic Offences Wing, Mumbai, to conduct further investigation under Section 173(8) Cr.P.C. and file a supplementary chargesheet before the appropriate court. 3) It is not in dispute that chargesheet was filed on 21st August 2015 before the learned Judicial Magistrate First Class ('JMFC') 65th Court at Andheri, Mumbai in MECR No. 07/2014. We are informed that charge has also been framed in the said case on 16th November 2018.

4) Learned counsel for the Petitioner does not dispute the same.

5) The aforesaid Petition seeking transfer of investigation of the said MECR, registered with Vile Parle Police Station to Economic Offences Wing ('EOW'), is filed on 18th February 2025 i.e. after about 11 years of the registration of MECR No. 07/2014. After 11 years, the Petitioner seeks transfer of investigation of the said MECR, more particularly, after filing of chargesheet and framing of charge. The Petition suffers from 2/3

gross delay and laches and as such, we are not inclined to entertain the same, in writ jurisdiction. At the same time, having perused the Petition, we do not see any good reason forthcoming in the Petition, as to why the Petitioner has approached this Court after almost 11 years.

6) Considering the aforesaid, the Petition stands dismissed.

7) The Petition stands disposed off accordingly. (DR. NEELA GOKHALE, J.) (REVATI MOHITE DERE, J.) Digitally signed by SHAMBHAVI NILESH SHIVGAN Date:

2025.03.18 11:16:54 +0530 SHAMBHAVI NILESH SHIVGAN 3/3