HEMANT DHIRAJLAL BANKER Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Applicant has preferred this application for various reliefs. Initially the substantive prayer was made for quashing of the FIR which was registered vide C.R. No.303/2020 dated 27th August 2020 at Worli Police Station, Mumbai under Sec. 387 read with 34 of the Indian Penal Code. It was transferred to AntiExtortion Cell, Crime Branch, Mumbai and it was registered vide C.R. No.122/2020. Subsequently, by an amendment of the prayers, the Applicant has; in addition, prayed for quashing and setting aside of the order dated 22nd September 2021 issued by the Joint Commissioner of Police (Crime) granting approval under Sec. 23(1) of the Maharashtra Control of Organized Crime Act (for short, 'MCOCA ') against the Applicant.

(2.) Heard Shri Aabad Ponda, learned Senior counsel for the Applicant, Smt Aruna Pai, learned Public Prosecutor for the State and Shri Nitin Gaware Patil, learned counsel for the Respondent No.2.

(3.) The FIR was lodged on 27th August 2020 by the Respondent No.2 Kailash Agarwal. He has stated that he was in the construction business and was having his firm by name 'Nish Developers '. He also had another business by name 'Nishant Import Export ' at Dubai. In that connection he has an office in Switzerland. The Respondent No.2 is mainly resident of Dubai. In January 2018, through a common acquaintance, he was introduced to one Rupin Banker and his family. The present Applicant is father of Rupin Banker. It is mentioned in the FIR, that, Rupin Banker was given financial help by the Respondent No.2 and initially there were smooth financial transactions between them. After some time, Rupin and his wife Meenakshi, by using forged stamps and forged signatures removed about Rs.35 Crores from the account of the first informant maintained with the Bank of Baroda, Dubai Branch. In that connection, the first informant -2nd Respondent has lodged a police complaint against the Applicant, Rupin and Meenakshi in Dubai. It is his case that Rupin and Meenakshi had left Dubai and started residing in London. The Applicant was staying in Dubai. Rupin Banker stopped receiving the informant 's phone calls. The informant had gone to Mauritius on 15th July 2019 in connection with his business. On 16th July 2019, at about 5:30 p.m., the informant received a phone call from one Vijay. The informant was busy in a meeting and, therefore, asked the caller to call back after some time. Again after one hour, the same caller called the informant and told him that he was Vijay Shetty and that he had committed six murders. He threatened the informant that the informant should not insist on police investigation against Rupin Banker otherwise the informant would be killed when he returned to Mumbai. The informant returned to Dubai on 20th July 2019. On 22nd July 2019, again the same caller called and threatened him. The informant realized that the caller was in contact with the Applicant and Rupin Banker and at their behest the informant was threatened by Vijay Shetty. The same thing was repeated after two days. The informant tried to contact the present Applicant who was residing in Dubai, but, the Applicant did not accept his phone call. On 27th July 2019, the informant returned to India out of fear caused by these threats. On 8th August 2019, the Applicant called the informant and told him that repayment of his dues would be delayed. That time, the informant questioned him about the threatening calls made by Vijay Shetty. At that time, the Applicant had denied about it. On 10th August 2019, Vijay Shetty again called the informant and threatened him that the informant should not demand repayment from Rupin Banker and that Rupin should be given period of six months for that. On 22nd August 2019, again Vijay Shetty made a threatening call to the informant. The informant had recorded two clips of these calls. He had also recorded one clip from the Applicant 's conversation. On this basis, the FIR was lodged.