Case: Rajendra Ramchandra Kavalekar Vs. State of Maharashtra &amp; Another

disclosed commission of a large number of offences. The fact that major part of the offence took place outside the jurisdiction of the Chief Metropolitan Magistrate, Calcutta is not in dispute. But, even if a part of the offence committed by the respondents related to the petitioner Company was committed within the jurisdiction of the said court, the High Court of Allahabad should not have interfered in the matter. 14) This court has further observed: 30) The High Court has placed strong reliance upon a decision of this Court in Navinchandra N. Majithia v. State of Maharashtra, (2007) 7 SCC 640, wherein this Court held, while considering a contention that the High Court of Bombay was not correct in not entertaining the application for quashing of a complaint petition filed by the complainant in Shillong, went into the merit of the matter and instead of remitting the matter back to the High Court directed: (SCC p. 651, para 29) 29. Considering the peculiar fact situation of the case we are of the view that setting aside the impugned judgment and remitting the case to the High Court for fresh disposal will cause further delay in investigation of the matter and may create other complications. Instead, it will be apt and proper to direct that further investigation relating to complaint filed by J.B. Holdings Ltd. should be made by Mumbai Police. 31) This Court arrived at the finding that the High Court should have issued a writ of mandamus directing the State of Meghalaya to transfer the investigation to Mumbai Police taking note of the averments made in the writ petition that the complaint petition filed at Shillong was mala fide. 32) No such explicit prayer was made by the respondents in their writ petition, although a prayer for issuance of a writ in the nature of mandamus, directing the State of West Bengal to transfer Case No. 381 to the State of U.P. had been made. The question of the State of West Bengals having a legal duty in that behalf did not arise. Only in the event an investigating officer, having regard to the provisions contained in Sections 154, 162, 177 and 178 of the Code of Criminal Procedure had arrived at a finding that the alleged crime was not committed within his territorial jurisdiction, could forward the first information report to the police having jurisdiction in the matter. 33) Stricto sensu, therefore, the High Court should not have issued such a direction. Assuming, however, that the High Court could mould the relief, in our opinion, it was not a case where on the face of the allegations made in the complaint petition, the same could be said to be mala fide. A major part of the cause of action might have arisen in the State of U.P., but the same by itself would not mean that the Calcutta Court had no jurisdiction whatsoever. 15) In the instant case, the CBI has initiated the suo-moto investigation against the appellant. In the First Information Report filed before the Special Judge (CBI), Ranchi, it is stated that during the course of investigation of R.C. Case No. 1(A)/2000, which was registered pursuant to the orders of High Court of Jharkhand at Ranchi, a reliable source of information had been received to the effect that Shri Rajendra Ramchandra Kavalekar (appellant) had entered into a criminal conspiracy with the other unknown persons including the officials of Ranchi University during the academic year 1993-94 by obtaining the false and forged mark sheets of Ranchi University, and, further, on the strength of those false and fabricated documents pertaining to his graduation degree, fraudulently and dishonestly obtained employment in India Tourism Development Corporation as Cashier-cum-Sales Assistant. In the First Information Report, it is also stated that the appellant in collusion with the officials of India Tourism Development Corporation Ltd., Mumbai, the University, had managed to suppress letter dated 26.2.2000 written by the Controller of Examination, Ranchi pursuant to the queries made by the Manager (Vigilance) of ITDC, for ascertaining whether the provisional certificate and the degree certificate issued to the appellant for the academic year 1993-94 is forged and fake, and the appellant with a collusion and connivance of the officials of the University had got prepared a letter dated 26.2.2000, wherein it is stated that the marks sheets, provisional certificate and the degree certificate produced by the appellant at the time of securing the job in ITDC is correct and genuine and thereby has committed a criminal offence under the provisions of Indian Penal Code. 16) The case of the appellant before the High Court of Mumbai, was that he was nowhere responsible for the issuance of fake/forged degree certificates while securing job as Cashier-cum-Sales Assistant in ITDC. According to appellant, it is the handiwork of Shri Kanhayalal Sharma, who was managing the institution known as `Marudhar Mahavidyalaya having its centres at Pune and Mumbai. Except this bald assertion, he has not produced any material in support of that assertion. However, in the complaint filed by CBI, Ranchi, it is specifically alleged that the appellant had entered into criminal conspiracy with the officials of the Ranchi University and had obtained fake degree certificates. A court trying an accused for an offence of conspiracy is competent to try him for all offences committed in pursuance of conspiracy irrespective of the fact that any or all the other offences were not committed within the territorial jurisdiction (See Banwarilal Jhunjhunwala vs. Union of India, AIR 1963 SC 1620 ). 17) A bare perusal of the complaint filed would clearly go to show that the cause of action arose within the jurisdiction of Special Judge (CBI), Ranchi, the investigation is completed in Ranchi, all the records and the documents pertaining to complaint and the charge sheet are before the Special Judge (CBI), Ranchi, and therefore, in our considered view, the High Court of Judicature at Bombay was perfectly justified in declining to entertain the Writ Petition filed by the petitioner.

Decision (1 = appeal accepted, 0 = rejected): 0

Explanation:
0[ds]15) In the instant case, the CBI has initiated the suo-moto investigation against the appellant. In the First Information Report filed before the Special Judge (CBI), Ranchi, it is stated that during the course of investigation of R.C. Case No. 1(A)/2000, which was registered pursuant to the orders of High Court of Jharkhand at Ranchi, a reliable source of information had been received to the effect that Shri Rajendra Ramchandra Kavalekar (appellant) had entered into a criminal conspiracy with the other unknown persons including the officials of Ranchi University during the academic year 1993-94 by obtaining the false and forged mark sheets of Ranchi University, and, further, on the strength of those false and fabricated documents pertaining to his graduation degree, fraudulently and dishonestly obtained employment in India Tourism Development Corporation as Cashier-cum-Sales Assistant. In the First Information Report, it is also stated that the appellant in collusion with the officials of India Tourism Development Corporation Ltd., Mumbai, the University, had managed to suppress letter dated 26.2.2000 written by the Controller of Examination, Ranchi pursuant to the queries made by the Manager (Vigilance) of ITDC, for ascertaining whether the provisional certificate and the degree certificate issued to the appellant for the academic year 1993-94 is forged and fake, and the appellant with a collusion and connivance of the officials of the University had got prepared a letter dated 26.2.2000, wherein it is stated that the marks sheets, provisional certificate and the degree certificate produced by the appellant at the time of securing the job in ITDC is correct and genuine and thereby has committed a criminal offence under the provisions of Indian Penal Code16) The case of the appellant before the High Court of Mumbai, was that he was nowhere responsible for the issuance of fake/forged degree certificates while securing job as Cashier-cum-Sales Assistant in ITDC. According to appellant, it is the handiwork of Shri Kanhayalal Sharma, who was managing the institution known as `Marudhar Mahavidyalaya having its centres at Pune and Mumbai. Except this bald assertion, he has not produced any material in support of that assertion. However, in the complaint filed by CBI, Ranchi, it is specifically alleged that the appellant had entered into criminal conspiracy with the officials of the Ranchi University and had obtained fake degree certificates. A court trying an accused for an offence of conspiracy is competent to try him for all offences committed in pursuance of conspiracy irrespective of the fact that any or all the other offences were not committed within the territorial jurisdiction (See Banwarilal Jhunjhunwala vs. Union of India, AIR 1963 SC 1620 )17) A bare perusal of the complaint filed would clearly go to show that the cause of action arose within the jurisdiction of Special Judge (CBI), Ranchi, the investigation is completed in Ranchi, all the records and the documents pertaining to complaint and the charge sheet are before the Special Judge (CBI), Ranchi, and therefore, in our considered view, the High Court of Judicature at Bombay was perfectly justified in declining to entertain the Writ Petition filed by the petitioner.