DAYANAND G. NARVEKAR Vs. POLICE INSPECTOR, CRIME BRANCH, EOC & ORS
HIGH COURT OF BOMBAY (AT: PANAJI)
Dayanand G. Narvekar
Police Inspector, Crime Branch, Eoc And Ors
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C.V.BHADANG, J. -
(1.) By this petition, under Article 226 of the Constitution of India r/w section 482 of the Code of Criminal Procedure 1973 (Code, for short) the petitioner is seeking quashing of F.I.R No.142/2016 registered with the respondent no.1 for the offence punishable under sections 408, 409, 464, 468, 471, 420 r/w section 120 B of the Indian Penal Code (I.P.C for short).
(2.) The brief facts necessary for the disposal of the petition may be stated thus;
That the petitioner was the President of the Goa Cricket Association (GCA for short) during the year 2006-2007. The other office bearers of the GCA during the relevant year were Mr. Chetan Desai (Secretary), Mr. Vinod Phadke (Treasurer) and Mr. Akbar Mulla, who was the member of the GCA. An amount of Rs.11,52,91,206/- was allotted by the Board of Control for Cricket in India (BCCI) to GCA in the year 2006-2007 towards T.V. subsidy. The said amount was disbursed in installments. The gravamen of the allegations against the petitioner and the other office bearers, who are the co accused, is that they had hatched a criminal conspiracy, in furtherance of which, a fraudulent bank account was opened and the amount of the T.V. subsidy was deposited in the said account and was siphoned off.
According to the prosecution, the balance sheet of GCA for the financial year 2006-2007 reflected the receipt of only Rs.7,56,91,206/- as the amount received from BCCI, as against disbursement of Rs.11,52,91,206/-.
(3.) Indisputably, an offence at Crime No.75/2016 came to be registered against the petitioner and others on 2/6/2016 with the respondent on the basis of a complaint of Mr. Vilas Desai resident of Margao, alleging misappropriation of an amount of Rs.2,87,00,000/- out of the total amount received from BCCI, through fraudulent opening of an account in the DCB bank at Panaji. It is a matter of record that the investigation in the said offence is complete and a charge sheet is filed before the learned Judicial Magistrate First Class at Panaji where the trial is pending.;
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