1 CRWP NO.766/2006 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD 27. WP/766/2006 NAYANESH ARJUNBHAI TARASARIYA [Criminal] V/S THE STATE OF MAHARASHTRA WITH WP/767/2006 BIPIN MOHANLAL TRIVEDI (Criminal) V/S THE STATE OF MAHARASHTRA WITH 28. WP/768/2006 NAYANESH ARJUNBHAI TARASARIYA [Criminal] V/S THE STATE OF MAHARASHTRA -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr.U.S.Malte, Advocate, for the petitioners. Mrs. S.D.Shelke and Mr.V.D.Godbharle, APPs for respondent State. ... CORAM: A.H.JOSHI AND A.R.JOSHI, JJ. DATE:OCT., 3rd, 2011 1. Heard. 2. The FIR is challenged inter alia on following ground:- That the petitioners in respective petitions have ceased to be Directors of the accused Company and the return in Form No.32 was already lodged with the Registrar of Companies. 3. At this stage, in a writ petition, it cannot be considered that the FIR is erroneous barely due to alleged submission of Form No.32 to the 2 CRWP NO.766/2006 Registrar of Companies. 4. Learned Advocate Mr.U.S.Malte states that the record and information in the shape of certified copies of form no.32, which indicates that the petitioners were not the Directors of accused Company at the crucial time, could be re-submitted to the investigating officer, which he should accept and consider. 5. We find no reason as to why the investigating officer should decline to accept and advert to the document, if and when submitted. 6. We, therefore, decline to interfere with the writ petitions and dismiss the same. 7. The petitioner shall be free to send such document as deemed relevant to the investigating officer by registered post in order to avoid a situation of allegation of failure on the part of the petitioner. We are confident that, if such record is furnished, it would be looked into by the investigating officer. (A.R.JOSHI) (A.H.JOSHI) JUDGE JUDGE ... agp/766-06CRWP