Bombay High Court
Ramesh Abhishek vs National Spot Exchange Ltd. And Anr on 20 June, 2023
Author: Gauri Godse
Bench: Revati Mohite Dere, Gauri Godse
18-APEAL-630-2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 630 OF 2023
WITH
INTERIM APPLICATION NO. 1998 OF 2023
IN
CRIMINAL APPEAL NO. 630 OF 2023
Ramesh Abhishek ...Appellant/Applicant
Versus
National Spot Exchange Ltd and Anr. ...Respondents
Mr. Mihir Desai, Senior Advocate a/w. Mr. Mihir Mody, Mr. Dhaval
Patil i/b. M/s. K. Ashar & Co. for the Appellant.
Mr. Arvind Lakhawat a/w. Mr. Nimeet Sharma, Ms. Jalpa Shah and
Mr. Vinit Vaidya i/b. MZM Legal LLP for Respondent No. 1.
Mr. Avinash Avhad, SPP for the State.
Mr. Anant Matkar, PSI, EOW.
CORAM : REVATI MOHITE DERE &
GAURI GODSE, JJ.
DATE : 20th JUNE 2023 P. C. :
1. Heard learned Senior Counsel for the appellant/applicant, the learned counsel appearing for respondent no. 1 and the learned Special Public Prosecutor for Respondent no. 2 briefly.rrpillai 1/5 ::: Uploaded on - 23/06/2023 ::: Downloaded on - 24/06/2023 04:07:37 :::
18-APEAL-630-2023.doc
2. By this petition the petitioner has impugned the order dated 12th May 2023 passed by the learned Special Judge (MPID), Special Court, City Civil & Sessions Court, Greater Bombay by which the learned Special Judge allowed the Miscellaneous Application No. 212 of 2023 filed by one of the accused National Spot Exchange Limited in the MPID Case No. 1 of 2014.
3. By the said order, the learned judge directed the investigating officer to carry out fair and impartial investigation as against the appellant/applicant, the then Chairman of FMC during the period of offence, as alleged by NSEL in the application.
4. There is a further direction to conclude the said investigation expeditiously and in any event within 40 days. With the said directions, the Miscellaneous Application has been disposed of.
5. The moot question raised in the aforesaid appeal is, whether the respondent no. 1 - NSEL an accused in the MPID rrpillai 2/5 ::: Uploaded on - 23/06/2023 ::: Downloaded on - 24/06/2023 04:07:37 ::: 18-APEAL-630-2023.doc case, has any locus to file an application seeking further investigation under Section 173(8) of the Cr.P.C.
6. Learned Senior Counsel for the appellant/applicant submits that the investigating officer in the said case had conducted a detailed investigation and had come to the conclusion that the appellant/applicant had no role to play in the said case and there being no evidence against him, chargesheet was not filed. He submitted that the said application was also strongly opposed by the prosecution questioning the locus of NSEL, an accused in the said case, to file such an application.
7. Learned counsel for the respondent no. 1 relied on the judgment of the Apex Court in the case of Vinubhai Haribhai Malaviya and Others Vs. State of Gujarat and Another 1 in support of his submission that such an application is maintainable. Learned Senior Counsel for the appellant/applicant submits that in none of the paragraphs relied upon by the learned 1 (2019) 17 SCC 1 rrpillai 3/5 ::: Uploaded on - 23/06/2023 ::: Downloaded on - 24/06/2023 04:07:37 ::: 18-APEAL-630-2023.doc counsel for the Respondent no. 1, any such finding has been recorded. The issue raised by the learned Senior Counsel is an important issue, having bearing on criminal cases in general and hence will have to be heard in detail and finally.
8. Similar appeals were placed before us yesterday and the same have been adjourned to 1 st August, 2023. Since one of the issue raised those appeals is identical to the one raised in the present appeal, stand over to 1st August, 2023.
9. The aforesaid appeal to be heard along with Criminal Appeal Nos. 665, 666, 667, 668, 669 of 2023 and Criminal Appeal (St) No. 10921 of 2023 and 10923 of 2023.
10. In the meantime, till the next date the police to continue with the investigation, however, the investigating officer not to file any report in the said case till the next date. rrpillai 4/5 ::: Uploaded on - 23/06/2023 ::: Downloaded on - 24/06/2023 04:07:37 :::
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11. Learned APP at this stage states that they do not intend to take any coercive steps as against the appellant, in view of the apprehension expressed by the the learned Senior Counsel for the appellant. Statement accepted.
GAURI GODSE, J. REVATI MOHITE DERE, J. rrpillai 5/5 ::: Uploaded on - 23/06/2023 ::: Downloaded on - 24/06/2023 04:07:37 :::