SAGAR BIPIN MORJARIA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD the learned Counsel for the applicants, the learned APP for the State and the learned Counsel for the Complainant.

(2.) THE applicants no.1 to 4 are carrying on business of decorators under the name and style of "National Decorators" since 1961. Applicant no.5 is one of the sub-contractors of these applicants. One Mishra and Bhoomika were appointed by the present applicants no.1 to 4 and they were working as Event Managers in the said business of the applicants. They were removed, according to the applicants, sometime in 2006. It is the case of the applicants that these two persons Mr.Rudra Narayan Mishra and Ms.Bhoomika Soni started representing that they were authorised to operate on behalf of the National Decorators and took several assignments, however, they did not complete those assignments, hence, several complaints, therefore, were received by the applicants herein. A complaint, therefore, was lodged by the applicants against the said two persons with the Juhu Police Station for the offences punishable under Sections 420, 506 read with 34 of the IPC vide C.R.No.347/2008. Pursuant to the said complaint, Mishra and Bhoomika were arrested by the Juhu Police Station. A team was sent by the Juhu Police Station to carry out house search at the residence of Mishra and Bhoomika which is reflected from the Station Diary which is maintained by the Juhu Police Station. It is the case of the complainant in this case who he is the father of this Bhoomika that on 23.12.2008, the applicants visited the house of the complainant and took away certain designs, damaged the data of his daughter's computer and committed theft of certain articles. He lodged the complaint at Charkop Police Station on 21.1.2009. The applicants have an apprehension that they are likely to be arrested in connection with the said offence.

(3.) THE learned APP for the State and the learned Counsel for the complainant submitted that the applicants shall, however, report to Charkop Police Station, in order to enable the Investigating Officer to investigate the said complaint. Since the complaint has been lodged against the present applicants, the Investigating Officer shall have a right to investigate the said complaint. In view of the peculiar facts and circumstances, in my view, the custodial interrogation is not necessary.