No chargesheet without HC nod in APP losing ₹2cr case

Nagpur: A division bench of Nagpur bench of Bombay high court has allowed the investigation to proceed, but directed the prosecution to refrain from filing the chargesheet without its permission in the case where an additional public prosecutor and her husband were allegedly duped of Rs2.25 crore by promising lucrative returns, or the money changed hands as a bribe to manage a government job.
The division bench of justices Vinay Joshi and Bharat Deshpande issued the direction to the prosecution to seek its permission to file the chargesheet while hearing the petition by Niranjan Nirmal, his parents and wife, for quashing the case of cheating and criminal breach of trust filed by the additional public prosecutor at Bajaj Nagar police station in February.
The high court also mentioned the monetary dispute between Nirmal and the complainant was being settled amicably.
Nirmal, who had been untraceable for a considerable period, had surfaced in Nagpur court to file for anticipatory bail. The cops from economic offences wing (EoW) had been searching for him and also visited his residence at Ahmednagar. After allowing bail to Nirmal’s family members, the court has also granted him pre-arrest relief with conditions.
Earlier, Nirmal’s family had filed a missing complaint with police after he became untraceable from near the ashram of a politically connected Godman in western Maharashtra. His cellphone too had been switched off in the same area.
Advocates Jitesh Duhilani and P Joshi said Nirmal had filed the plea to quash the case against him as the dispute itself has been resolved. “The court has urged Nirmal to remain present before the investigation officer on certain dates and once cheques issued by him gets cleared, then the dispute shall no longer exist,” said Duhilani.