Dombivali Nagari Sahakari Bank Ltd. v. The State Of Maharashtra And ORS

dtg 74-Wp-3287-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 3287 OF 2025 Dombivali Nagari Sahakari Bank Ltd.

... Petitioners V/s.

The State of Maharashtra & Ors.

... Respondents _______________________________________ Mr. Rajendra L. Kulkarni a/w Mr. Anurag R. Kulkarni and Mr. Aniruddha P. Mandlik for Petitioners.

Mr. Shreekant V. Gavand, A.P.P. for Respondent-State. Mr. Kuldeep S. Patil for Respondent No.4-State. _______________________________________ CORAM : A. S. GADKARI AND RANJITSINHA RAJA BHONSALE, JJ.

DATE : 13th November 2025 P.C. :

1) Present Petition is filed for transfer of investigation from EOW, Raigad-Alibag Police Station, Alibag Dist. Raigad to CBI or State CID. The Petitioner is a co-operative Bank, whose funds have been systematically defalcated by the accused persons by committing the present crime. 2) Record indicates that, on 29th July 2025, the co-ordinate Bench had directed the Respondent Nos. 1 to 3 to file its reply to the Petition on or before returnable date. On 21st August 2025, the learned APP was directed to keep the case diary of the present crime ready and available for the perusal of the Court.

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dtg 74-Wp-3287-2025.doc 2.1) Upon a query by the Court to the learned APP, he informed that, there is no co-operation from the Investigating Officer of the said crime. 2.2) As the Investigating Officer of the present matter is not responding to the learned APP appearing in the matter, due to which, we are unable to proceed with the hearing of the case. This cannot be countenanced.

2.3) We therefore direct the Director General of Police, Maharashtra State to depute the Superintendent of Police, Raigad to assist this Court along with the entire record of investigation and case diary of the case on the next occasion.

2.4) We further direct that, the Superintendent of Police, Raigad, shall not depute any subordinate Officer for assisting this Court. 3) Learned APP appearing in the matter is directed to communicate this Order to the office of Directorate General of Police, Maharashtra State, forthwith.

4) Stand over to 20th November 2025.

5) To be listed under the caption 'For Directions'. (RANJITSINHA RAJA BHONSALE, J. ) ( A.S. GADKARI, J. ) 2/2