HC stays further proceedings against sugar factory controlled by NCP MLA Rohit Pawar

The FIR was lodged by Sanjay Gonde- Regional Joint Director (Sugar). The plea claimed the same was based on the original complaint of BJP MLC Ram Shinde, who lost to Rohit Pawar in 2019 assembly elections from Karjat-Jamkhed constituency.

A division bench of Justice Nitin W Sambre and Justice Rajesh N Laddha on July 21 was hearing a writ plea by Subhash Gulave, the executive director of the company, seeking to quash FIR argued through senior advocate Ashutosh Kumbhakoni and advocate Akshay Shinde. The bench said it will hear the matter on September 11 and noted, “Till then further proceedings shall remain stayed.”

Gulave, in the plea stated that a decision was taken on September 19, 2022 in Cabinet meeting that sugarcane crushing season 2022-23 would commence on October 15, last year and appropriate criminal action would be initiated against the Executive Director of the sugar factory who would act in contravention and would commence the crushing prior to the said date.

As per plea, Shinde in his complaint to the Sugar Commissioner “falsely” alleged that petitioner’s company began sugarcane crushing on October 10, 2022 itself, after which the Sugar Commissioner appointed a special auditor Ajay Deshmukh to investigate the charges.

Gulave said Deshmukh gave a report stating that the crushing season had not started prior to the stipulated date as alleged by Shinde. However, Shinde objected to said report. Thereafter, Dnyandev Mukane (Additional Registrar- credit society) was appointed to probe the allegations afresh. As per plea, Deshmukh was suspended as he submitted ‘correct report.”

Mukane, in his report submitted on December 7, 2022 confirmed allegations made by Shinde. The plea claimed that Mukane denied the opportunity to the company to defend it against the allegations.

The petitioner said that the firm was not given the auditor’s report and came to know about the contents only after a show cause notice was issued to the company in March 2023.

After that, an FIR was registered by the police under section 188 (disobedience to order duly promulgated by public servant) of the IPC, which is challenged in the HC.

The company claimed that the show cause disclosed that findings in Mukane’s report were based on “frivolous material” including photographs and videos provided by Shinde and there was no ‘independent application of mind’ by the probing officer, prompting the firm to approach the HC seeking that the FIR be quashed and set aside.

Pending hearing of the plea, the petitioner sought stay on proceedings arising out of the FIR.