1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE CRIMINAL APPELLATE SIDE CRIMINAL APPELLATE SIDE CRIMINAL WRIT PETITION NO.928 OF 2005 CRIMINAL WRIT PETITION NO.928 OF 2005 CRIMINAL WRIT PETITION NO.928 OF 2005 P.M.Rahate ...Petitioner P.M.Rahate ...Petitioner P.M.Rahate ...Petitioner Vs. Vs. Vs. Hindustan Construction Co.Ltd. Hindustan Construction Co.Ltd. Hindustan Construction Co.Ltd. & Ors. ...Respondents & Ors. ...Respondents & Ors. ...Respondents ----- ----- ----- Mr.P.M.Rahate in person Mr.P.M.Rahate in person Mr.P.M.Rahate in person Mr. K.V.Saste A.P.P. for the State Mr. K.V.Saste A.P.P. for the State Mr. K.V.Saste A.P.P. for the State Mr. Sanay Udeshi for Respondent No.7 Mr. Sanay Udeshi for Respondent No.7 Mr. Sanay Udeshi for Respondent No.7 CORAM: B.H.MARLAPALLE & ROSHAN DALVI, JJ. CORAM: B.H.MARLAPALLE & ROSHAN DALVI, JJ. CORAM: B.H.MARLAPALLE & ROSHAN DALVI, JJ. DATED: 6TH FEBRUARY, 2006 DATED: 6TH FEBRUARY, 2006 DATED: 6TH FEBRUARY, 2006 P.C. P.C. P.C. 1. We have heard he Petitioner party in person 1. We have heard he Petitioner party in person 1. We have heard he Petitioner party in person and by this Petition it is prayed for directions to and by this Petition it is prayed for directions to and by this Petition it is prayed for directions to proceed under Section 29 of the Companies Act, 1956 proceed under Section 29 of the Companies Act, 1956 proceed under Section 29 of the Companies Act, 1956 and also show cause notice to be issued against and also show cause notice to be issued against and also show cause notice to be issued against Respondent Nos.1 to 13 under the same provision read Respondent Nos.1 to 13 under the same provision read Respondent Nos.1 to 13 under the same provision read with Section 195 of the Criminal Procedure Code. He with Section 195 of the Criminal Procedure Code. He with Section 195 of the Criminal Procedure Code. He insisted that along with these 2 prayers, he also insisted that along with these 2 prayers, he also insisted that along with these 2 prayers, he also seeks directions against Respondent Nos.1 to 13 to seeks directions against Respondent Nos.1 to 13 to seeks directions against Respondent Nos.1 to 13 to produce service records before the learned produce service records before the learned produce service records before the learned Metropolitan Magistrate in the pending proceedings. Metropolitan Magistrate in the pending proceedings. Metropolitan Magistrate in the pending proceedings. The very same prayer has also been made in Writ The very same prayer has also been made in Writ The very same prayer has also been made in Writ Petition No.1486 of 2005. Petition No.1486 of 2005. Petition No.1486 of 2005. 2. Respondent Nos.1 to 13 are all the private parties 2. Respondent Nos.1 to 13 are all the private parties 2. Respondent Nos.1 to 13 are all the private parties and Respondent No.1 is a Company registered under the and Respondent No.1 is a Company registered under the and Respondent No.1 is a Company registered under the Companies Act, whereas respondents 2 to 13 are Companies Act, whereas respondents 2 to 13 are Companies Act, whereas respondents 2 to 13 are individuals. It has not been pointed out that the individuals. It has not been pointed out that the individuals. It has not been pointed out that the 2 relief sought in this Petition against respondent No.1 relief sought in this Petition against respondent No.1 relief sought in this Petition against respondent No.1 is for performing any statutory duty and therefore, is for performing any statutory duty and therefore, is for performing any statutory duty and therefore, this Petition against the private bodies cannot be this Petition against the private bodies cannot be this Petition against the private bodies cannot be entertained. entertained. entertained. 3. The same is hereby rejected summarily. 3. The same is hereby rejected summarily. 3. The same is hereby rejected summarily. (ROSHAN DALVI,J.) (B.H.MARLAPALLE, J.) (ROSHAN DALVI,J.) (B.H.MARLAPALLE, J.) (ROSHAN DALVI,J.) (B.H.MARLAPALLE, J.)