5w1321-09 1 IN THE HIGH COURT OF JUDICATURE AT MUMBAI CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1321 OF 2009 Arun Nathuram Gaikwad and another. .. Petitioners. Versus The State of Maharashtra and others. .. Respondents. .... Mr.R.V. Bansode, Advocate for the Petitioners. Mrs.A.S. Pai, A.P.P., for Respondent No.1 - State. Mr.A.Y. Sakhare, Senior Counsel i/b. Mr.S.A. Pawar, Advocate & YKS Legal for respondent Nos.12, 13, 14, 18 & 23. .... CORAM : D.B.BHOSALE & A.R.JOSHI, JJ. DATED : 03rd MAY, 2010 P.C. 1. Heard learned Counsel for the petitioners, learned Senior Counsel for respondent Nos.12, 13, 14, 18 & 23 and learned A.P.P. for the respondent – State. 2. The petitioners in this Petition are seeking direction to the Additional Commissioner of Mumbai, Economic Offence Wing, to 5w1321-09 2 investigate the crime (C.R. No.73 of 2010) registered on 8.4.2010 by Kurla police station, Mumbai. Mrs.Pai learned A.P.P. placed before us a circular bearing No.32 of 2007 dated 29th May, 2007 stating that the economic offences involving an amount of Rs.50 lakhs or more should be investigated by the Economic Offence Wing [EOW]. In the present case, the audit report prima facie shows that the amount involved is about Rs.36 lakhs. The learned Counsel for the petitioners submits that the amount mentioned in the audit report is not correct and as a matter of fact the fraud committed by the respondents, who were Directors of the Bank at the relevant time, is more than two crores of rupees. We would not like to examine the report and to see whether there are any errors in the findings recorded by the auditor. It would be open to the Investigating Officer to carry on investigation and if, in the course of investigation, he finds that the amount involved in this crime is more than Rs.50 lakhs of rupees, he may consider to transfer the offence as per the circular dated 29th May, 2007, to the EOW Mumbai. At this stage, the learned Counsel for the petitioners seeks liberty to the petitioners to handover the audit report to the Investigating Officer. The liberty as prayed is granted. We hope and trust that the Investigating Officer shall 5w1321-09 3 carefully go through the report including the annexures thereto and find out the amount involved in this crime and act accordingly. With these observations, writ petition is disposed of. (A.R.JOSHI,J.) (D.B.BHOSALE,J.)