CHANDRAKANT BHALCHANDRA GARWARE Vs. ANIL PRABHAKAR NAIK

JUDGEMENT

(1.) THIS is an ordinary writ petition like thousands of others being filed before this Court every year. But this petition has become extraordinary and most unusual because this Court is being required to find out whether an order of discharge of respondent Anil Prabhakar Naik was at any time passed by Additional Chief Metropolitan Magistrate as alleged by the respondent, and whether the respondent can be entitled for the relief claimed by him in his Application No. 2086 of 1999 which is to be decided along with this writ petition.

(2.) I heard learned Counsel Mr. Shamrao Samant who was Assisted by senior Advocate Mr. A.S. Bobade along with Mr. Keluskar for respondent No. 1 and learned Counsel Mr. P.L. Berarwalla for the petitioner. Mrs. R.P. Sabarwal. learned A.P.P. for the State/respondent present. Mr. Samant has given in addition the written notes of his document and has tendered certain documents during the course of his argument to substantiate his case that an order of discharge was passed by Additional Chief Metropolitan Magistrate, as contended by respondent Anil Naik. Before considering the rival submissions it is necessary to lay down bare facts giving rise to this controversy.

(3.) IT appears that though six charge -sheets were filed against respondent Anil Naik by the Worli Police, the petitioner, being directly involved and concerned with the prosecution against the respondent, filed an application before the Additional Chief Metropolitan Magistrate on 8.10.1992 seeking directions of the Trial Court against all the persons to the effect that all the Companies and Financial Institutions whose shares were the subject -matter of the offence against the respondent should be directed to deposit the amount of dividend warrants, benefits and bonus shares etc, with the Senior Inspector of G.B.C.B.C.I.D., Bombay who in turn deposit such amount in a Nationalized Bank and keep those shares in their custody until further orders from the Court.