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TMI Blog2021 (8) TMI 1422X X X X Extracts X X X X X X X X Extracts X X X X ..... owers and account Nos. 977 and 1087, apart from account No. 928. There can be no qualm with the proposition that offence warrant thorough investigation so as to unearth the alleged fraud. However, once the first information report in respect of a transaction or occurrence is registered, it is trite, there can be no second first information report in respect of the very same transaction or occurrence. There is no bar for investigation or further investigation in the offences committed in the course of same transaction. But there cannot be second first information report. It is directed that though the investigating officer may proceed with the investigation, yet, no coercive action be taken against the petitioners till 30th August, 2021 - th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ken against the petitioners during the pendency of the Writ Petitions. 6. Mr. Kadam, learned Senior Advocate, invited the attention of the Court to the various orders passed by this Court arising out of the first information reports registered in respect of the subject matter which, according to Mr. Kadam, forms the subject matter of this petition. 7. It was submitted that in respect of the very same transaction, which is the subject matter of first information report No. 806 of 2019, in respect of which this Court has granted interim relief, the instant first information report has been lodged. The attention of the Court was invited to item Nos. 91, 92 and 93 of the chart, included in the first information report dated 18th July, 2019, to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sis was laid on the fact that the instant first information reports are based on the report submitted by the auditor under section 81 (5) of the Maharashtra Cooperative Societies Act, 1960 and the permission granted by the Registrar to lodge the report. Having regard to the magnitude of the alleged scam, the learned PP submitted, the petitioners do not deserve any interim protection. 10. We have considered the submissions. We have also perused the material on record so as to ascertain the justifiability of grant of ad-interim relief. 11. We find substance in the submission of Mr. Kadam that that the transaction in respect of the first information report No. 806 of 2019 has been lodged, prima facie, appears to be the subject matter o the fir ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pertains to the transaction which was the subject matter of the FIR in which the Petitioners have approached this Court and interim/ad-interim relief has been granted in their favour to the extent that coercive action would not be taken against the Petitioners therein. 10] Hence we are of the opinion that the Petitioners before this Court the instant Writ Petition also deserves for limited ad-interim relief/protection as granted to the similarly situated Petitioners in the aforementioned Writ Petition pending before this Court. We, therefore, inclined to grant such limited protection for the reason that we intend to finally dispose of this Petition on the next date of hearing. 14. In Writ Petition No. 1760 of 2021 (Bhalla @ Mahadev Sable Or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ves interim protection lest their personal liberty would be seriously jeopardized. 16. We, therefore, direct that though the investigating officer may proceed with the investigation, yet, no coercive action be taken against the petitioners till 30th August, 2021. 17. The petitioners shall, however, render full cooperation in the investigation. 18. The petitioners are directed to appear before the concerned investigating officer on 16th, 18th and 20th August, 2021 in between 10 am to 12 noon and thereafter as and when called by the investigating officer. 19. Since we have posted the above numbered petitions and other petitions pertaining to Seva Vikas Cooperative Bank Limited for hearing and final disposal on 30th August, 2021, we deem it ap ..... X X X X Extracts X X X X X X X X Extracts X X X X
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