The Tribunal listed the application for hearing to determine facts regarding the applicant's inclusion in FIR and charge sheet errors.
Stay application listed for determination of factual discrepancies regarding the petitioner's name in the underlying FIR and charge sheet.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
APPELLATE TRIBUNAL, PREVENTION OF MONEY LAUNDERING ACT AT NEW DELHI
MP-PMLA-3619/MUM/2017(Stay) & FPA-PMLA-1845/MUM/2017 Manohar Krishna Madhavi … Appellant/Applicant Versus The Deputy Director Directorate of Enforcement, Mumbai … Respondent
Advocates/Authorized Representatives who appeared
| For the Appellant | : Dr. Shamsuddin Shams, Advocate |
|---|---|
| Mr. Saifuddin Shams, Advocate Mr. Ashwani Malhotra, Advocate |
|
| For the Respondent | : Mr. Neeraj Atri, Advocate |
| Mr. S. Paul, Investigating Officer |
CORAM JUSTICE MANMOHAN SINGH : CHAIRMAN
ORDER 28.01.2019
FPA-PMLA-1845/MUM/2017
Learned counsel for the appellant has pointed out the Para 3.1 and
Para 3.3 of the impugned order which reads as under:
“ 3.1. CBD Belapur Police Station, Navi Mumbai had registered an FIR No. 73/2009 on 17.05.2009 invoking sections 420, 465, 467, 468, 471, 218, 409, 34 and 120B of the Indian Penal Code (IPC), 1860 S/Shri Rajesh Krishna Patil, Ajay Jagnath Mhatre, Praveen Sakharam Bawadane, Prem Gopal Mhatre, Shailesh Madhukar Patil, Hamnatrao Baurao Bhise, Manohar Krishna Madhavi, Dhanaji Kashinath Mhatre, Amrish Rangshali Patnigere, Diwakar Nandkumar Samel, Jayant Parbat Dalvi, Namdev Naryan Alhat, Praksah Laxman Kable. 3.3. On completion of investigation, police authorities of CBD Belapur, Navi Mumbai filed Charge Sheet No. I-79/09 dated 25.08.2009 invoking sections 420, 465, 468, 471, 120B and 34 of Indian Penal Code (IPC) against S/Shri (i) Manohar Krishna Madhavi (ii) Hamnatrao Baurao Bhise (iii) Dhanaji Kashinath Mhatre and others. Subsequently Supplementary Charge Sheet Nos. I 78-A/09 dated 25.09.2009 I 79-B/09 dated 19.04.2011 and 79-C/09 dated 20.07.2012 were also filed in the case. ”
FPA-PMLA-1845/MUM/2017
Page 1 of 2
Counsel for the appellant states that when the FIR dated 17.05.2009 was registered he was not arrayed as accused. Similarly, when the charge sheet was registered on 25.08.2009, he was not made as accused in the said charge sheet. He further stated that the facts wrongly noted in Para 3.1 and Para 3.3.
The Investing Officer (I.O.) Mr. S. Paul is present in person. He was shown the photocopy of the FIR which is in Marathi language. He has gone through the same and seeks sometime to produce the photocopy of the FIR dated 15.05.2009 and charge sheet dated 25.08.2009 as well as the statement of Shri Suresh Ramu Patil, Deputy Commissioner, Zone-II, Navi Mumbai Municipal Corporation (NMMC) which is duly dated 16.02.2015. Let all the documents should be attested by him. All these documents may be filed alongwith the Affidavit.
Counsel for the appellant also agrees to file the copy of the CD in a sealed envelope.
List on 25th February, 2019 at 02:30 PM.
(Justice Manmohan Singh) Chairman
New Delhi, 28th January, 2019 ‘AS’
FPA-PMLA-1845/MUM/2017
Page 2 of 2
Manohar Krishna Madhavi
Deputy Director, Directorate of Enforcement, Mumbai
Manmohan Singh
As recorded by the court registry
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Judgements on the same questions, provisions and authorities, from every court
