BHUSHAN GOVARDHAN BIHANI Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. With the consent of parties, matters are taken up for final disposal at admission stage.

(2.) In Writ Petition no.1286 of 2017, the petitioner seeks directions to the State (respondent no.1) to transfer the complaints dated 10.10.2016, 21.11.2016 and 28.12.2016 made by his father after registration as F.I.R. to the Central Bureau of Investigation (hereinafter referred as 'CBI' for brevity). Criminal Applications no.6057 of 2017 and 6132 of 2017 are for intervention by the persons named in the complaints as the accused.

(3.) In nutshell, the complainant's allegations disclose that somewhere in December 2014 to March 2015, Mr Deelip Gandhi, Member of Parliament of Ahmednagar constituency purchased a Ford Endeavour vehicle from him as he is authorised dealer in Ford brands. MR Deelip Gandhi registered it late for getting the choice number and thereafter had complained about the performance of the vehicle, which could have been attended by the manufacturer, but he was complaining against the petitioner. It is alleged that on 29.9.2015, Sachin Gaikwad, Suvendra son of Mr Deelip Gandhi, Pawan Gandhi and other persons associated with Mr Gandhi forcibly kidnapped MR Ostwal and Mr Rasal, who were working as Sales Manager and Manager in the show room of the petitioner. There are allegations about beating, threats, extortion of money, valuable securities and documents in respect of ten Eco Ford vehicles and delivery thereof. Out of ten vehicles, nine vehicles were returned and one vehicle was retained by Deelip Gandhi for his daughter Swati for part payment of around Rs.5 lakhs was made. Mr Deelip Gandhi used his position as a Member of Parliament and made complaints to the Minister and also to the Income Tax and Sales Tax departments to harass and pressurise the petitioner. There were regular threatening calls by Mr Pawan Gandhi and other associates of Mr Deelip Gandhi. The petitioner was frightened and could not dare to lodge F.I.R. for a long time. The complainant made complaint to the Prime Minister dated 10.10.2016 and the same was forwarded to the Superintendent of Police, Ahmednagar. On 21.11.2016 he mustered up courage and lodged complaint to the Superintendent of Police, Ahmednagar, but no F.I.R. came to be registered. The Police have carried out enquiry and have submitted a report that there was no substance in the complaint of the petitioner. Hence, the petitioner claimed that registration of crime and investigation by CBI is necessary.