Allowed

Ramesh Nagnath Kadam v. the State of Maharashtra and Anr.

Bombay HC27 Jul 2018WP/736/2016

Case brief

AI extract

What is this about?

Petitioner sought clubbing of seven FIRs alleging fraud involving him as Chairman of a cooperative society. Court noted investigation overlap in some districts but differences in others. Allowed withdrawal of petition with liberty to approach the court again later.

What did the court decide?

Writ petition allowed to be withdrawn with liberty to approach the Court at an appropriate time for clubbing of all cases.

Ramesh Nagnath Kadam Vs the State of… — Civil Procedure and Limitation | Bombay HC (2018)

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Nisha Digitally signed by Nisha Sandeep Sandeep ChitnisDate: 2018.08.01 Chitnis 06:58:16 +0530

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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CRIMINAL WRIT PETITION NO.736 OF 2016

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Ramesh Nagnath Kadam ...Petitioner Versus The State of Maharashtra and Ors. ...Respondents

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Mr.Abdul Wahab Khan, for the Petitioner.

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Mrs.P.P.Shinde, A.P.P for the Respondent-State.

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CORAM : R. M. SAVANT & REVATI MOHITE DERE, JJ.

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DATE : 27^th JULY, 2018

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P.C. :

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1. The above Writ Petition has been filed for clubbing of seven

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FIRs, which are reproduced herein under:-

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Sr. No.	FIR and Date of Registration of FIR	Place Registr of FIR	of ation	Section	Date of Offence	Name of Complainant	Accused	Amount
1.	80/2015 @ 23/04/2015	Jalna Station.	Police	408, 409 r/w 34 IPC	01/04/2014 to 31/03/2015	Anil Raghoji Mhaske	Madhukar Baburao Vaidye. Ashok Eknath Bhandare.	Rs.8,43,57,886/-

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2.	135/2015 @ 09/05/2015	Shivaji Nagar, Beed.	408, 409 r/w 34 IPC	01/04/2014 to 31/03/2015	Anil Mhaske	Laxman Panduang. Bapurao Mahadev and two others.	Rs.6,58,64,178/-
3.	88/2015 @ 11/05/2015	Gavagotha Police Station, Parbhani.	406, 409, 420 r/w 34 IPC	01/04/2014 to 31/03/2015	Kishore Bhimrao Pawar	Sugreev Gaikwad, Chandreshekar Dangre, Sushma Kasbe.	Rs.3,65,57,886/-
4.	107/2015 @ 22/05/2015	Buldhana Police Station, Buldhana City	408, 409 r/w 34 IPC	22/05/2015	Atul Salunke
5.	160/2015 @ 09/06/2015	Bhandara Police Station.	408, 409 r/w 34 IPC	01/04/2014 to 31/03/2015	Ramesh Janardhan Meshram		Rs.24,69,48,000/
6.	119/2015 @ 06/06/2015	Hingoli Police Station.	406, 408, 409, 417, 420 r/w 34 IPC	02/07/2014 to	Ramesh Janardhan Meshram	Sugreev Gaikwad, Sugees.
7.	336/2015 @ 18/07/2015	Dahisar Police Station.	406, 408, 409, 420, 465, 467, 468, 471, 384, 120B, r/w 34 IPC and 7, 13(1) (C) P.C. Act.	13/08/2012 to 12/11/2014	Deputy Superintendent	Ramesh Kadam and Others.

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The said FIRs have been registered in respect of the fraud

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which is committed in respect of Sahityaratna Lokshahir Annabhau Sathe Vikas Mahamandal (Ltd.), Aurangabad, of which the Petitioner, at the relevant time was the Chairman. The clubbing of the said FIRs is sought on

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the basis that the allegations contained in the said FIRs are identical and that there are no private persons involved.

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The learned APP Mrs.Shinde informs us that insofar as the offences registered with the Police Stations in Hingoli, Parbhani, Jalna, Buldhana, Beed and Bhandara Districts are concerned, they are being investigated by the State-CID. Hence, out of the list of the seven FIRs what remains is the FIR registered with the Dahisar Police Station. The cause of action of registration of the offences at various places prima facie is different and therefore insofar as the offences registered with the Dahisar Police Station is concerned, atleast at this stage, it cannot be directed that it should be investigated with the offences registered at the Police Stations in the Marathwada Region.

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Upon this, the learned counsel appearing for the Petitioner Mr. Abdul Wahab Khan, seeks withdrawal of the above Writ Petition with liberty to approach this Court at an appropriate time for all the cases to be heard by one Court.

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The above Writ Petition is accordingly allowed to be

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withdrawn with liberty as prayed for.

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Needless to state that if any such Petition is filed for seeking the relief as mentioned aforesaid, the same would be considered on its own

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merits and in accordance with law.

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(REVATI MOHITE DERE, J.)

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(R. M. SAVANT, J.)

Ramesh Nagnath Kadam v. the State of Maharashtra and Anr.

Case brief

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Ramesh Nagnath Kadam v. the State of Maharashtra and Anr.

Case brief

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