LAWS(BOM)-2024-8-42

KRISHNA BHAGWAN KOTAK Vs. STATE OF MAHARASHTRA

Decided On August 29, 2024
Krishna Bhagwan Kotak Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Petitioners have challenged the order dtd. 23/11/2017 passed by the learned Special Judge on application at Exhibit-116 filed in Special CBI Case No.60/2010 seeking their discharge therefrom. The learned Special Judge has held that there is suficient material to proceed against Petitioners for framing of charge and has accordingly rejected the discharge application.

(2.) Petitioner No. 1 is the partner of M/s. J.M. Baxi and Co. (Petitioner No.2). Petitioners are arraigned as Accused Nos. 2 and 3 respectively in Special Case CBI No.60/2010. Petitioners at the relevant time acted as Shipping Agents of Shipping Corporation of India Ltd. (SCI) for handling port related activities. Brief prosecution story is that a criminal conspiracy was entered into by four officials of SCI viz. (i) Shri. Dhaneshchandra Punamchand Revawala-the then Deputy General Manager, SCI, (ii) Shri. Naishad Rashiklal Saraiya-the then Vice President, Outport Accounts Department, SCI, (iii) Smt. Vaishali Ladi-the then Manager (Outport Accounts), SCI and (iv) Shri. Hari Prakash Kamath-the then Deputy Manager, Finance and Accounts Division (Outport Accounts), SCI, who abused their oficial position and entered into a criminal conspiracy with Petitioners for granting undue benefits to Petitioner No.2, an agent of SCI. The accusation of abuse of official position and criminal conspiracy against the four SCIL officials stem out of the following broad allegations:

(3.) It appears that out of the total six accused, Shri.D.P. Revawala had retired from the services of SCI on 31/12/2005 and Shri. Hari Prakash Kamath had resigned on 6/1/2010. CBI therefore did not seek prosecution sanction against them. Since Petitioners are private persons, there was no question of seeking prosecution sanction qua them. So far as the other two accused-Mr. N.R. Saraiya and Smt. Vaishali Ladi are concerned, the competent sanctioning authority viz. Chairman and Managing Director of SCI refused to grant prosecution sanction by order dtd. 18/9/2010.