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M. S. KARNIK, VALMIKI MENEZES
Chowgule And Company Pvt. Ltd. – Appellant
Versus
State Of Goa through the Public Prosecutor, State of Goa. Porvorim – Respondent
JUDGMENT :
M. S. Karnik, J.
1. Heard learned counsel for the parties.
2. By this petition under Article 226 of the Constitution of India, the petitioner is seeking transfer of investigation of First Information Report (FIR) No.01/2024 dated 14.06.2024 registered with the Economic Offences Cell, Goa (EOC) to the Central Bureau of Investigation (CBI). The petitioner seeks a further direction to the CBI to conduct fair and impartial investigation and submit report in a time-bound manner.
3. The basic facts leading to the registration of FIR are thus:
4. The Chowgule and Company Pvt Ltd is a flagship company of the Chowgule Group established in 1965 for conducting mining and ship building operations in India. The said group was established by the members of Chowgule Family. On 04.10.2008, Mr. Vishwasrao Chowgule passed away leaving behind the heirs of the Chowgule family extending three generations.
5. In 2021, due to the numerous disputes, the family entered into Memorandum of Family Settlement dated 11.01.2021. The settlement contemplated splitting the family into two groups being Group A headed by Ms. Padma Chowgule and Group B headed by Mr. Vijay Chowgule. The Companies and the assets of
The court established that the transfer of investigation to the CBI is not routine and should only occur in exceptional circumstances to maintain public confidence in the investigation process.
The High Court can direct the CBI to investigate cognizable offences without state consent, especially in cases involving significant public interest and international ramifications.
The court can direct a CBI investigation when local investigations are compromised, ensuring fairness and justice in legal proceedings.
The court emphasized that investigations into corporate fraud must be fair and impartial, directing the transfer of the case to CBI due to inadequate local police handling.
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