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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPLICATION NO.271 OF 2007

IN

CRIMINAL WRIT PETITION NO.982 OF 2007

Sandeep Rammilan Shukla

.. Petitioner

Versus

State of Maharashtra & Ors.

.. Respondents

Mr.S.M.Kazi, Senior Advocate with B.P.Pandey for petitioner

Mrs.A.S.Pai, A.P.P. For State.

WITH

WRIT PETITION NO.2031 OF 2007

Vimal Appaso Lohar

.. Petitioner

Versus

The Chief Secretary & Ors.

.. Respondents

WITH

CRIMINAL APPLICATION NO.219 OF 2007

IN

WRIT PETITION NO.982 OF 2007

Chandresh C. Shah

.. Petitioner

Versus

Sandeep R. Shukla & Ors.

.. Respondents

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CORAM : SWATANTER KUMAR, C.J &

S.C.DHARMADHIKARI, J.

Reserved on

: 7^th July 2009

Pronounced on

: 13^th August 2009.

ORAL JUDGEMENT (PER DHARMADHIKARI, J)

A]

Rule. Respondent Nos. 1 to 5 waive service. By consent Rule made

returnable forthwith.

1]

By this petition under Article 226 of the Constitution of India, the

petitioner has prayed for following reliefs:-

“(A) That the two investigations being done vide

Cr.No.144 of 2007 of Nagpada Police Station, Mumbai ( i.e.

C.R.No.27 of 2007 of the Anti Extortion Cell of the Crime

Branch, Mumbai Police) and that being done by the ACB vide

C.R. No.24 of 2007 both be transferred to the Director,

Central Bureau of Investigation.”

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2]

The petitioner is an Indian Citizen. He is engaged in the business of

construction and development of lands. He has undertaken several projects

for Government of Maharashtra. He is working along with his uncle one

Krishna Milan Shukla. They are carrying on business in the name and style

of “BuildTech Developers” which is a partnership firm.

3]

It is stated that the petitioner has taken up several public causes

including bringing to the notice of the concerned authorities corruption in

police force.

4]

It is the case of the petitioner that one Vinod Avalani with whom he

had business dealings and who was seeking refund of amount of Rs.30 lakhs

allegedly lent and advanced to the petitioner, filed a complaint with the

police against the petitioner’s uncle. It is alleged in the complaint by the

said Avalani that the petitioner sought mediation of one Haseena Parkar,

sister of the famous underworld Don Dawood Ibrahim.

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5]

It is alleged by the petitioner that in connection with this complaint,

his uncle Krishna Milan Shukla moved the Anti Corruption Bureau (ACB).

The principal allegation being that the officers of the Mumbai Crime Branch

are engaged in extorting monies at the instance of parties involved in purely

civil disputes. When the petitioner approached, ACB and pointed out the

role of the authorities that an F.I.R. was registered by the ACB on 20th

March 2007. It is his case that thereafter, a trap was laid and several officers

came under the scanner of ACB. The investigations were in progress.

However, a retaliatory proceeding was initiated and a counter F.I.R. was

registered on 20th April 2007 by the said Avalani as narrated above.

6]

Petitioner has set out the nature of the transaction that was entered

into by him with Mr.Vinod Avalani, through one intermediary, Chandresh

Shah. It is the case of the petitioner that a sum of Rs.30 lakhs was handed

over by way of demand draft to him on 17th October 2006 by Mr.Avalani.

However, as a part of the deal, a further sum of Rs.70 lakhs was to be

handed over but it was not paid. It is the case of petitioner that at the time of

transaction Chandresh Shah and Haseena Parkar were present. It is the case

of the petitioner that since Avalani was not in a position to fulfill his

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commitment, all arrangements with him were terminated and the petitioner’s

firm decided to resile the agreements and forfeit the earnest money of Rs.30

lakhs. There are some more details of the disputes set out in the petition

but what we are really concerned is the allegation of the petitioner that the

dispute was purely civil in nature an