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2020 Supreme(SC) 755

D.Y.CHANDRACHUD, INDU MALHOTRA, INDIRA BANERJEE
NEEHARIKA INFRASTRUCTURE PVT. LTD. – Appellant
Versus
STATE OF MAHARASHTRA – Respondent


Advocates Appeared:
For the Petitioners: Mr. Shyam Divan, Sr. Adv., Mr. Arunabh Chowdhury, Adv., Mr. Vaibhav Tomar, Adv., Mr. Abhay Jadeja, Adv., Ms. Bamalli Chowdhury, Adv., Mr. Varun Satiya, Adv., Mr. Dechan W. Lachungpa, Adv., Mrs. Pragya Baghel, AOR

ORDER :

1. On 19 September 2019, the petitioner lodged a First Information Report which has been registered with the Economic Offences Wing as EC Crime No 82 of 2019 for alleged offences under Sections 406, 420, 465, 468, 471 and 120B of the Indian Penal Code 1860. Three orders were passed by the 37th Additional Sessions Judge, City Sessions Court, Mumbai on 15 October 2019 under Section 438 of the Code of Criminal Procedure 19731 granting interim protection from arrest to the second, third and fourth respondents.

2. Mr Shyam Divan, learned Senior Counsel submits that the above orders required the respondents to attend the Police Station on 17 October 2019, 19 October 2019 and 22 October 2019 and to cooperate in the investigation. Mr Divan submits that on 17 December 2019, the investigating officer in the EOW addressed communications to the Sessions Court stating that the accused were not cooperating in the investigation. Moreover, it has been submitted that the protection which was granted by the Sessions Court was extended from time to time and nearly a year thereafter, a writ petition was moved before the Bombay High Court in which a blanket order has been passed on 28 September 2

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