HIGH COURT OF BOMBAY
HON'BLE SHRI JUSTICE A.S. GADKARI
HON'BLE JUSTICE KAMAL KHATA
SHAM GANPAT CHOUGULE AND ORS – Appellant
Versus
THE STATE OF MAHARASHTRA AND ANR – Respondent
Judgment (Per : Kamal Khata, J) :-
1) By the Writ Petition No.1248 of 2013 filed under Article 226 of the Constitution of India, the Petitioners seek to set aside the investigation initiated against the Petitioner in Crime Register No. 88 of 2011 registered at Valchand-Nagar Police Station, Baramati Pune.
1.1) On the other hand, by Writ Petition No.2415 of 2017, the Petitioners seek transfer of the investigation of CR number 88 of 2011 to CID Pune or any other investigation agency.
2) For ease of reference, the Petitioners in Writ Petition No. 1284 of 2013 are referred to as the “Chougule and ors” and the Petitioner No.1 – Rohit Shivaji Jadhav in Writ Petition No.2415 of 2017 is referred to as “Jadhav” and Petitioner No. 2 - Indapur Taluka Grape Processing and Winery Co-op. Society Ltd. or Indapur Taluka Draksha Prakriya and Winery Sahakari Sanstha Maryadit as described in the Agreement, is referred to as “Indapur Winery Society” in the foregoing paragraphs.
3) Jadhav on behalf of Indapur Winery Society lodged an FIR with Indapur Police Station for offences punishable under Sections 407, 320 read with Section 34 of the Indian Penal Code, 1860 (‘IPC’) against Chougule and ors. on 25
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