DINESHKUMAR GOKULDAS KALANTRY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The only issue arisen in this Application is "whether the learned Metropolitan Magistrate was justified in ordering further investigation on the application of the Complainant particularly when charge is framed." The said order was passed on 14/12/2018 by the learned Additional Chief Metropolitan Magistrate, Esplanade, Mumbai in Case No.771/PW/2010. Earlier, there was an order of 'issuance of process' for the offences under Ss. 420, 418, 465, 468, 471, 506(II), 201 read with 34 of the Indian Penal Code, 1860 ("IPC"). This was issued on 7/8/2010. By passing the said order, the learned Magistrate on one hand refused to accept 'A' summary report given by the Economic Offences Wing ("EOW"), on the other hand, issued a process. All these orders came to be passed in a private case instituted by Respondent No.2 (hereinafter will be referred to as "the Complainant"). Whereas, the present Applicant is one of the person against whom, process was issued. (He will be referred as an Accused). Whereas, partner Sudha Kalantry has filed an Intervention Application No.295 of 2022. Process is also issued against her. But no one has argued on her behalf.

(2.) There is a chequered history to this litigation. It will be referred in due course. I have heard learned Senior Advocate Shri.Ponda for Applicant in both the Criminal Applications, learned APP for Respondent No.1 - State and learned Advocate Shri.Subhash Jha for Respondent No.2 in both the Criminal Applications. Both the Counsels have relied upon various judgments of several High Courts and of Supreme Court. They are on the point of power of Supreme Court and of High Court to order further investigation. They also deal with the issue, the stage at which such power can be exercised. It is true that they also deal with who can ask for further investigation. They will be considered at a subsequent stage. The facts which are required for deciding the issue need to be stated.

(3.) On this background, the Complainant has lodged complaint to Vakola Police Station and then to Metropolitan Magistrate Court at Bandra. (Copy of complaint is not made available. Narration of facts is on the basis of impugned order).