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2025 DAILYLAW 75690 (BOM)

SHRIKANT DIGAMBAR CHIMOTE AND ORS. v. THE UNION OF INDIA AND ORS.

WP/2258/2018 · 2025-11-04

Shri Shyam C Chandak, Smt Bharati Dangre

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

hcs 1/2 17.w2258.18.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2258 OF 2018 Shrikant Digambar Chimote & Ors. … Petitioners V/s. The Union of India & Ors. … Respondents None for the Petitioners. Mr. Tanveer Khan APP for the Respondent-State. CORAM : BHARATI DANGRE & SHYAM C. CHANDAK, JJ. DATE : 4th NOVEMBER, 2025 P.C:- 1) The Petitioner seeks transfer of investigation from E..O.W. Thane to Central Agencies and also seek involvement of independent Panel of Experts from recognised agencies of the investigation like CBI, DRI, SEBI for investigating fraud which was pointed out through C.R. No.I-60/2017 lodged at the instance of Badlapur police station for the offences punishable under Sections 406, 409, 420, 120B and under Section 3 of MPID Act. 2) None represent the Petitioner and we have perused the Petition which involves a financial mass fraud involving crores of Rupees in running of the establishment under name and style of “S. Samudra’s” – Sagar Investments”. It is alleged that since the entity floated a scheme which hcs 2/2 17.w2258.18.doc involved 4,000 people from the middle class strata of the society, who invested their money an offence was registered by Badlapur police station which was subsequently, transferred to E.O.W. Thane on 16/05/2017. Upon investigation it can be seen that the charge-sheet has already been filed but the Petitioner belief is that the investigation is faulty and attempted to drastically help the accused and therefore, transfer of investigation is sought. We find the prayer to be misconceived as it is only the apprehension expressed that the investigation is faulty and in any case if the charge-sheet is filed on completion of the investigation, there is no question of transferring the investigation to any other agency. It is for the prosecuting agency i.e. E.O.W. to lead the evidence in support of the charge which it has framed against the accused persons, so that the persons like the Petitioner who have invested the money could be benefited and the guilty may be punished. 3) In the wake of the aforesaid, we are not inclined to allow the Petition and deem it appropriate to dismiss the same. No order as to costs. (SHYAM C. CHANDAK, J.) (BHARATI DANGRE, J.) HEMANT CHANDERSEN SHIV Digitally signed by HEMANT CHANDERSEN SHIV Date: 2025.11.07 20:07:58 +0300