Bombay High Court
Abhinav Bharat Congress Through Pankaj ... vs State Of Maharashtra on 14 June, 2024
Bench: Bharati Dangre, Sarang V. Kotwal
(1)PILL-12142-2023.doc
rajshree
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
PUBLIC INTEREST LITIGATION (L) NO.12142 OF 2023
Abhinav Bharat Congress
Through Pankaj Phadnis ] .. Petitioner
vs.
State of Maharashtra ] .. Respondent
ALONGWITH WRIT PETITION NO.92 OF 2023 WITH INTERIM APPLICATION NO.2034 OF 2023 IN WRIT PETITION NO.92 OF 2023 Abhinav Bharat Congress Through Pankaj Phadnis ] .. Petitioner vs. Union of India ] .. Respondent Prof. (Dr.) Pankaj Phadnis, Petitioner in person present. Mr.Milind More, AGP for Respondent No.1. Mr.D.P. Singh for Respondent Nos.1 and 2 in WP No.92/2023. Ms.Carina Xavier for Respondent No.2 in PIL(L) No.12142/2023. Mr.H.S. Venegavkar a/w Ayush Kedia for ED-Respondent No.3 in WP No.92/2023 and for Respondent No.2 ED in PIL(L) No.12142/2023. Mr.Zal Andhyarujina, Senior Advocate (Through VC) for Respondent No.6 a/w Ms.Fereshte Sethana, Abhishek Tilak and Ishani Khanvilkar i/b DMD Associates for Respondent No.6. Mr.Subir Sarkar, Amicus Currie.
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(1)PILL-12142-2023.doc CORAM : BHARATI DANGRE & SARANG V. KOTWAL, JJ DATE : 14th June, 2024 P.C. 1] The learned AGP Mr. More inform the Court that a complaint is received by the Joint Commissioner of Police, EOW, Mumbai on 21.10.2023 from Mr.Mahendra Chande, Authorized Signatory for Ferani Hotels Pvt. Ltd. against persons named therein, alleging commission of offence punishable under Sections 465, 468, 471, 474, 420, 120B, for preparing forged and fabricated documents to be used before this Court in Miscellaneous Petition No.70/2010 (Ferani Hotels Pvt. Ltd. vs. Nusli Wadia), with a malafide and dishonest intention of cheating and for unlawful gain and grabbing income from Mrs.Bachoo Woronzow and estates/properties of her late brother, Edulji Framroz Dinshaw, situated in India.
Mr. More inform that when decision is taken to conduct preliminary inquiry into the complaint, even statement of Mr.Pankaj Phadnis is recorded on 28.05.2023 and at present the preliminary inquiry is being conducted in the complaint of Mr.Chande, as well as accusations levelled by Mr.Phadnis.
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(1)PILL-12142-2023.doc 2] Though Mr. More would submit that minimum 60 days time would be required for reaching conclusion as to whether FIR deserve to be registered in the wake of the accusations, we deem it appropriate to direct conduct of preliminary inquiry within four weeks from today and if any conclusion is not reached, as regards filing of FIR, let the gist of the preliminary enquiry be produced before us, so that further course of action can be determined as Mr. Phadnis has lodged PIL seeking several reliefs and he is apprehensive that crores of rupees may be lost on account of the delay and in such a contingency, we would like to proceed with the contentions that are raised in the PIL by Mr. Phadnis.
At the request of the learned AGP Mr. More, re-notify to 26.07.2024 at 2.30 p.m. [SARANG V.KOTWAL, J] [BHARATI DANGRE, J] 3/3 ::: Uploaded on - 15/06/2024 ::: Downloaded on - 25/06/2024 14:54:57 :::