Bombay High Court
Siddharth Shivnath Ramteke vs State Of Mah. Thr. Pso, Gadgenagar, ... on 22 February, 2024
2024:BHC-NAG:2475
(1) 39.ba.957.2023
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL APPLICATION (BA) NO.957 OF 2023
Siddharth Shivnath Ramteke
Vs.
State of Maharashtra, Through Police Station Officer, Gadgenagar,
Amravati
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Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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Mr. S. V. Sirpurkar, Advocate for applicant.
Mrs. M. A. Barabde, APP for respondent/State.
CORAM : URMILA JOSHI-PHALKE, J.
DATED : 22/02/2024
1. The applicant came to be arrested on
24.02.2023 in connection with Crime No.8/2023
registered with Police Station, Gadgenagar, Amravati
for the offences punishable under Sections 384, 385,
420, 419, 465, 468 and 471 of the Indian Penal
Code.
2. The accusation against the present
applicant is on the basis of report lodged by Ravindra
Pandharinath Jarude, who alleged that he is working
as a Contractor. In the year 2016, he had paid some
amount to one Sudhir Thorat as a hand loan. The
said Sudhir Thorat agreed to pay the said amount in
one year, but the amount was not paid and he
communicated with the informant that there is
Arbitration Tribunal at Panchavati Chawk, Amravati,
who would decide their disputes. It is alleged in the
(2) 39.ba.957.2023
FIR that the applicant had set up Arbitration Tribunal
with one Nimish Bansal and promised the
complainant that his matter will be settled and the
complainant will get his remaining amount from one
Sudhir s/o Haribhau Thorat. It is further alleged that
the applicant demanded Rs.20,000/- and after
conclusion of the matter Rs.50,000/- will be required,
as he needs to give to the Judge and staff of the
Arbitration Tribunal. It is further alleged that the
complainant was promised that he will receive the
amount quickly as the applicant is having good terms
with the Judge and Judge only listens to the
applicant. The allegation against the present
applicant is that on various occasions the complainant
transferred the money and also visited the Arbitration
Tribunal, but the matter was not concluded and thus,
the complainant was duped.
3. Mr. Sirpurkar, learned Counsel for the
applicant submitted that as far as the allegations are
concerned, which are false in nature. The offences
registered against the present applicant are not
punishable with imprisonment more than seven
years. Now, the applicant is behind bar since the
date of his arrest i.e. from 24.02.2023. Thus, for
sufficient period, he is behind the bar. The trial will
take its own time for final conclusion, and further
incarceration of the present applicant is not required.
In view of that, the applicant be released on bail.
(3) 39.ba.957.2023
4. Learned APP strongly opposed the
application on the ground that the First Information
Report was registered and during the course of
investigation, the Investigating Officer collected
documents and order sheet and also collected the
orders passed by the Tribunal on the said application.
During the course of investigation, the Investigating
Officer also recorded the statements of the
complainant namely, Ravindra Jarude and other
witnesses Advocate Nimesh Bansal and others. The
present applicant has obtained the permission for the
organization namely, 'Rural Development Project of
India' under the disguise of the organization the
applicant has started the Arbitration Court. The
licence is issued for running the said organization
under the Shops and Establishment Act. The present
applicant has started Arbitration Court without
obtaining the prior NOC of Municipal Corporation of
Amravati. The entire proceedings of establishing the
Arbitration Court by the applicant sans from any of
the mandatory requirements of the provisions of the
Arbitration Act. By running the illegal Arbitration
Court, the applicant have made the said Court as a
means of extracting the money illegally from the poor
litigant persons, who have approached them for
redressal to their grievance under the impression that
the said Court has got due legal sanctity under the
law. It is submitted that the present applicant is the
main accused. The applicant has posed himself to be
the public servant of Government Institution and
(4) 39.ba.957.2023
duped the public at large. In view of the prima facie
case, the application deserves to be rejected.
5. Having heard the learned Counsel for the
applicant and learned APP for the State, perused the
investigation papers. From the investigation papers,
it reveals that the present applicant has established
the Arbitration Tribunal and one Advocate Nimish
Bansal was deputed as Mediator. The Investigating
Officer recorded the statements of staff working in
the said Tribunal from which it reveals that, the active
involvement of the present applicant in extracting the
money and misrepresentating the public. The
applicant posed himself to be a public servant
authorized by the Central Government and the
Hon'ble Apex Court to run such a Tribunal. The
statement of one namely, Sunil who is the tenant of
Ravindra Ukey shows that the applicant threatened
him to appear otherwise warrant will be issued
against him. Thus, the applicant has not only
established the Tribunal, but also represented the
public at large that he has power of Magistrate and
he would put them behind the bar. The roznamas of
the proceedings were shown and the proceedings
were exactly as conducted by the Court. It was
represented to the public that the applicant is
working as Presiding Officer of the Court wherein the
disputes are resolved amicably. The applicant has
not only decided the arbitration proceedings but he
decided the custody matters as well as the
(5) 39.ba.957.2023
matrimonial matters. The applicant has established
the said Arbitration Court and appointed various
persons. He has decided 1756 such matters and
issued various orders and directions to the
Government authorities. Even the applicant along
with the co-accused have passed the orders in child
custody cases. The applicant has also sought police
protection from the Gadgenagar Police Station and
written a letter stating that the Arbitration Court is
functioning under the control and supervision of the
Hon'ble Apex Court and he should be provided police
protection. Thus, the applicant along with the other
co-accused issued marriage certificate, child custody
orders, stopping of pensionery benefits. The other
crime bearing No.2720/2021 is also registered posing
himself to be the Judge or the public servant and
directed the Police Station Officer, Rajapeth to
register offence against one Kalyani Tarekar, her
father and two unknown persons. During the
investigation, it further revealed that the applicant
has not only posed himself as a Presiding Officer of
the Arbitration Tribunal, but he represented that he is
running the said Tribunal, in view of the directions of
the Hon'ble of the Apex Court. The various
statements recorded by the Investigating Officer
shows that he represented himself as a Court of Law
and issued various directions not only to the Police
Officers but to the other Government Officials. During
investigation, it further revealed that though
applicant claimed that he registered himself and
(6) 39.ba.957.2023
obtained the permission to run the institution under
the project of 'Rural Development Project of India',
Amravati, but his institution was not registered and
the Charity Commissioner has issued the letter to
that effect that no such project under the name
'Rural Development Project of India', Amravati is
registered with them. On the representation by the
present applicant that he is authorized person to run
the Arbitration Court and conducted the proceeding
as Court which is admittedly a serious act. The
authenticity of the orders of the said Tribunal which is
run illegally by the present applicant is in question.
The statement as well as the FIR show that the
applicant personated himself as a public servant
though he has knowledge that he is not a public
servant. He made informant to go behind bar for a
day and the various correspondence made by the
applicant to the Government authorities also shows
he posed himself as a public servant and also
represented that he is running the Arbitration Center
under the guidance of the Hon'ble Apex Court. Thus,
it reveals that the applicant has also used the name
of the Hon'ble Apex Court and dealt with various
issues. He has not only decided the custody of the
child of 18 months, but also dealt with the divorce
petition i.e. the matrimonial matters and also
forwarded the interim order to Rajapeth Police
Station asking to give protection to one Ashish
Tarekar and his family. Thus, the investigation papers
shows that the present applicant, who has no
(7) 39.ba.957.2023
authority to run the parallel Court dealt with the
matters and extracted the money from the poor
people. He duped public at large by posing himself
as a Court. In view of that, the application of the
present applicant deserves to be rejected.
Accordingly, I proceed to pass following order.
ORDER
(i) The application is rejected.
(ii) The trial is expedited. The trial Court shall dispose of the trial within six months from the date of receipt of this order.
(URMILA JOSHI-PHALKE, J.) Sarkate Signed by: Mr. A.R. Sarkate Designation: PA To Honourable Judge Date: 01/03/2024 15:14:19