1 cri-wp-731-732-11 pdp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 731 OF 2011 The Accolade Cooperative Housing Society Ltd. .. Petitioner Vs. 1. The State of Maharashtra and ors. .. Respondents WITH CRIMINAL WRIT PETITION NO. 732 OF 2011 The Accolade Cooperative Housing Society Ltd. .. Petitioner Vs. 1. The State of Maharashtra and ors. .. Respondents Mr. R.V. Govilkar for petitioner in both the petitions. Mr. P.A. Pol, PP for State in both the petitions. Ms. Manjiri Parasnis for respondent nos.5 and 7 in both petitions. Mr. M.S. Mohite for respondent no.6 in both the petitions. Mr. S.K. Shinde for respondent no.9 in Cri.W.P. No.731/11. Mr. Sanjay Puranik i/by Puranik and Co. for respondent nos.14 and 15 in Cri.W.P. No. 732/11. CORAM: B. H. MARLAPALLE & U.D.SALVI, JJ. June 22, 2011. 2 cri-wp-731-732-11 P.C. 1. We have heard the learned counsel for the parties, including the learned PP. 2. In both these petitions, the petitioner – society is common and it prays for directions to register an FIR on the basis of the complaints dated 21/6/2008 and 28/9/2010. These complaints, admittedly, are based on the report of the enquiry undertaken under Section 83 of the Maharashtra Cooperative Societies Act and submitted to the Deputy Registrar, Cooperative Societies, Thane City on 31/8/2006. 3. From the papers submitted before us, it is clear that already C.R. No. 84 of 2008 was registered with Wagale Estate Police Station, Thane and the investigation was undertaken. For the very same alleged offences, based on the enquiry report dated 31/8/2006, it appears that four more CRs came to be registered with Wagale Estate Police Station i.e. C.R. Nos.142 and 143 of 2008 and C.R. Nos.166 and 167 of 2009. This would not be permissible and in case the investigation in C.R. No. 84 of 2008 is 3 cri-wp-731-732-11 still incomplete by the EOW, it is necessary that the same is completed and the final report is submitted to the competent court. This petition for the direction as prayed for would not survive and while doing so, we are not entering into the factual aspects whether the financial loss caused to the petitioner – society has been made up or otherwise. 4. Hence, the petitions are disposed with directions to the IO from EOW to complete the investigation in CR No. 84 of 2008, in case the same is still pending, as expeditiously as possible and submit the final report within a period of eight weeks from today. (U.D.SALVI, J.) (B. H. MARLAPALLE, J.)